24 June 2009

Thank you for visiting this website (the "Site"). By using this Site, you accept these Terms. If you do not accept these Terms, do not use this Site. We may change these Terms from time to time, so you should review them each time that you visit the Site. You should print a copy of these Terms for future reference.

1. About us
1.1 This Site is operated by Northcliffe Media Ltd, a company registered in England under company number 03403993 with a registered office at Northcliffe Accounting Centre, PO BOX 6795, Leicester, LE1 1ZP ("we", "us", "our"). Our VAT number is 243-5711-74. You can contact us using the following email address: comments@northcliffemedia.co.uk.

2. Using our Site
2.1 You may view (and, where applicable, listen to) the content available on the Site for personal non-commercial use. You may occasionally print individual webpages on the Site for your private non-commercial use, provided that such printing is not substantial or systematic and our trade marks and copyright and trade mark notices are not removed.
2.2 Unless otherwise stated in these Terms, you must not (whether directly or indirectly) copy, download, store, make available, distribute, sell or offer to sell all or any part of the content or Site, or download or otherwise copy (whether directly or indirectly) any content, files or data from the Site to make or populate a database or publication of any kind whatsoever.
2.3 You must not use all or any part of our Site or the contents on it for commercial purposes without our permission.
2.4 Users, whether or not registered, must not abuse our Report Abuse facility e.g. by making malicious reports.

3. Registration
3.1 You must choose an email address which gives you frequent access to emails sent to that address, as we need to be able to contact you. You must keep your password confidential.
3.2 You must not:
(i) impersonate or try to impersonate another person;
(ii) disclose your password to anyone else;
(iii) allow anyone else to use your account;
(iv) use anyone else's account.
3.3 You are responsible for everything done using your account. If you think that someone else may have access to, or be using, your password or account, you must tell us as soon as possible by emailing comments@northcliffemedia.co.uk.

4. Your Content – what we are allowed to do
4.1 We may publish, check, edit or remove all or part of the comments or other material, including your name, town and country, which you submit to us ('Your Content'), at our sole discretion. We are not obliged to do any of these things and we may not.
4.2 You retain any copyright you may have in Your Content. By submitting material to us, you grant us a royalty-free, perpetual, irrevocable, non-exclusive worldwide licence to use, copy, edit, adapt, publish, translate, create derivative works from, make available, communicate and distribute Your Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. By submitting Your Content, you warrant that you have the right to grant this licence.
4.3 To the extent permitted by law, you waive your moral rights (e.g. the right to be identified as author or to object to derogatory treatment) in Your Content. This clause means, for example (without limitation), that we can:
• Continue to publish all or part of Your Content, including your name, town and country, even if you change your mind and want us to remove it and/or you are no longer registered with the Site;
• Remove Your Content, even if you have not breached these Terms or our House Rules;
• Use all or part of Your Content in promoting our products and services (e.g. we may use a screenshot including your comments in our advertising);
• Edit your Content, which may result in a part of it being modified and displayed, including without your name.
Please note that we do not check, monitor, moderate or even see all the comments and other material submitted to us.

5. Your Content - what you are not allowed to do
5.1 You must not submit any material to our Site that:
(a) is:
(i) defamatory, malicious, threatening, false, misleading, offensive, abusive, discriminatory, harassing, blasphemous or racist,
(ii) indecent, obscene or of a sexual nature,
(iii) a breach of confidentiality or someone's privacy;
(b) could prejudice any active legal proceedings of which you are aware;
(c) is likely to:
(i) cause someone alarm, anxiety or distress;
(ii) encourage violence or racial or religious hatred;
(d) infringes any intellectual property rights, such as copyright and trade marks. This means generally that you must own the rights in everything you submit or must obtain permission from the rights owner to submit the material;
(e) is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct);
(f) advertises any product or services without our prior permission;
(a) impersonates anyone else or otherwise misrepresents your identity, affiliation or status;
(b) is in breach of these Terms, our Privacy Policy, and/or House Rules;
(c) is, encourages or teaches conduct that is a criminal offence, gives rise to civil liability, or is otherwise unlawful;
5.2 You must not try to get round any protections we put in place for the security and operation of the Site.
5.3 You must not re-submit content which you are aware has been removed.

6. Suspending or terminating your registration
6.1 We may suspend, terminate or prevent your registration at our sole discretion. This may be because, for example, we consider that you have breached or will breach these Terms or our House Rules or someone has reported abuse.
6.2 Where we suspend, terminate or prevent your registration, you must not attempt to re-register or submit content (e.g. using someone else's registration), without our permission. The period of any suspension depends on all the circumstances.

7. Third party content and links available on this Site
7.1 We are not liable or responsible for the third party content on this Site. Third party content includes, for example, comments posted by users and the content of advertisements.
7.2 Where this Site contains links to other sites and resources, which are provided by third parties, these links and resources are provided for your information only and you access them at your own risk. We are not liable or responsible for the content of third party sites or resources.
If you see something which you reasonably believe breaches these Terms or our House Rules, please use the Report Abuse facility. If there is no facility available, please contact us on reportabuse@thelocalpeople.co.uk.

8. Our liability
8.1 The information contained on this Site is for information purposes only and does not constitute advice. You should check any information on the Site and use your own judgment before doing or not doing anything on the basis of what you see. We give no warranties of any kind in relation to the Site or its contents.
8.2 Except for liability for fraudulent misrepresentation, we are not liable for: (a) any action you may take as a result of relying on any information provided on this Site or for any loss or damage suffered by you as a result of you taking this action;
(b) any dealings you have with third parties (e.g. other users, advertisers or promoters) that take place using or facilitated by the Site;
(c) any liability for losses which are not a foreseeable or likely consequence of (i) your use of the Site, or (ii) a breach of these Terms.
8.3 We are not responsible if you cannot access the Site properly or at all because of any event outside our control, for example (without limitation) the performance of your or our ISP, your browser or the Internet.
8.4 The Site relies in part on software to work. Software has bugs. Whilst we will monitor the Site and try to fix bugs, we cannot guarantee that the Site or any individual feature of the Site will be error free, available all the time and/or free from viruses.
8.5 However, nothing in these Terms will affect any liability we may have for death or personal injury arising from our negligence or any other liability which cannot be excluded or limited by law.

9. Maintenance of the Site
9.1 Making your use of the Site enjoyable means we need to fix bugs, install updates and do general diagnosis and maintenance of the Site. We will try to do scheduled maintenance during times when we anticipate that online use is lower than normal.
9.2 We also need to be able to do emergency maintenance and/or suspend access to the servers where, in our reasonable discretion, we see the need to do that. We will try to have the Site available again as soon as we think it is safe to do so.

10. Your personal information
10.1 We will use your personal information in accordance with our privacy policy, which forms part of these Terms. Please read our Privacy Policy now.

11. Validity of these terms
11.1 If any part or provision of these Terms is found to be unlawful or unenforceable, this shall not affect the validity of any other part or provision.

12. Jurisdiction and applicable law
12.1 These Terms are governed by English law. The English courts shall have exclusive jurisdiction over any dispute relating to these Terms.

13. Local Legend Competition
13.1 The Local Legends competition is run and operated by Northcliffe Media Limited t/a Northcliffe Digital (NML) via its network of LocalPeople websites.
13.2 The Local Legends competition will run on 27 sites only: amershampeople.co.uk; barnstaplepeople.co.uk; burystedmundspeople.co.uk; canterburypeople.co.uk; chippenhampeople.co.uk; cliftonpeople.co.uk; dorchesterpeople.co.uk; falmouthpeople.co.uk; fromepeople.co.uk; guildfordpeople.co.uk; hovepeople.co.uk; huntingdonpeople.co.uk; kingstonpeople.co.uk; kingswoodpeople.co.uk; lewespeople.co.uk; nailseapeople.co.uk; newtonabbotpeople.co.uk; rochesterpeople.co.uk; sevenoakspeople.co.uk; stalbanspeople.co.uk; tauntonpeople.co.uk; tavistockpeople.co.uk; tivertonpeople.co.uk; truropeople.co.uk; tunbridgewellspeople.co.uk; westonsupermarepeople.co.uk; yeovilpeople.co.uk.
13.3 You must be registered on the LocalPeople website to be able to nominate and vote. Postal votes and nominations will not be counted.
13.4 Employees of NML, their affiliates and their families are not eligible to be nominated or participate in the competition.
13.5 We will start to accept nominations at 00.00, January 17th 2011. The nomination process continues until 23.59 February 17th 2011.
13.6 You may nominate more than one person and you may nominate yourself. You must not nominate someone who is younger than 16 years old. You may nominate persons aged between 16-18 with the consent of their parents or guardians.
13.7 If you are nominating someone else please make sure you have their consent to be nominated particularly if you upload a photo to their nominee profile. Content you upload about a nominee must be done so in accordance with our House Rules and Terms and Conditions.
13.8 Nominees that have been nominated by another party who do not want to enter the competition may request deactivation of their nomination profile at any time by clicking on "Report!". Once deactivated a nominee profile can not be reactivated and all votes will be ignored.
13.9. Nominators agree to nominate someone in good faith and agree that the person they nominate is not fictional and the description provided must be: written in good faith; not misleading; decent; honest and accurate.
13.10 Any nominee that appears to be suspicious, defamatory, fictitious, fake or unfairly represented will be taken down.
13.11 Voting commences at 00.01, February 18th 2011. The voting process continues until 23.59 March 8th 2011.
13.12 You may vote for more than one nominee, but you may only vote once for each one. NML reserves the right to exclude any votes that it determines were cast fraudulently or using an automated process.
13.13 The three people who have the most votes at the end of the voting period will be shortlisted and identified on the relevant localpeople site.
13.14 There will be one winner for each localpeople site that is running the campaign.
13.15 The winner will be chosen at the discretion of the judges from the shortlisted nominees. The judges will take into account votes, popularity and deserving qualities in his/her community.
13.16 The winner will be chosen by a panel of at least five judges. The judges will be appointed by NML at its sole discretion and NML may substitute such judges without notice. The judges decision will be final and no correspondence will be entered into regarding their decision.
13.17 The winner will be notified on March 15th 2011 following which they will have 7 days in which they must decide whether to accept the prize or defer to the runner up. If they defer to the runner-up the 7 day period will be repeated.
13.18 The prize is a professional photoshoot followed by an advertising campaign which will include the winner’s picture being displayed on an analogue billboard within the region covered by the relevant LocalPeople website. There will also be coverage of the winner in NML’s local press publications and on NML’s websites at NML’s discretion. NML will provide the winner with a printed copy of the photo being used as part of the advertising campaign but provision of further prints and digital copies is to be agreed between the photographer and the winner. There is no cash alternative and the prize can not be substituted.
13.19 The billboard advertising campaign is anticipated to run during June 2011. Specific dates for each billboard run will be disclosed to the winner once they are set. Start and finish dates for the billboard run will vary depending on availability and are at NML’s discretion.
13.20 Billboard sizes may vary from town to town and will be at the discretion of NML.
13.21 The winner will be required to attend a one day photo shoot on a weekday in April 2011 at a time and place to be agreed. NML will arrange and pre-pay for the winner’s travel to the photo shoot. No accommodation or subsistence will be payable for attendance.
13.22 The photo to be used on the billboard will be chosen by NML at its sole discretion but NML will consult with the winner as to the choice of photo.
13.23 The winner must not use the mark “Local Legend” or “LocalPeople” in connection with their business without the prior written consent of NML.
13.24 The winner will be required to complete and pass a CRB check to NML’s satisfaction.
13.25 NML may at its sole discretion cancel, suspend or withdraw the competition or voting at any time.
13.26 Any personal data will be collected in accordance with our Privacy Policy and these terms.
13.27 NML excludes all warranties in relation to the competition and the voting and its total liability to nominees, the winner and each voters shall be limited to £1 each. In particular NML are not liable for loss of opportunity.
13.28 These terms and conditions will be governed by English Law.