Terms & Conditions

D-Media Network website Terms of Use

Please read these terms carefully.  Your use of this website indicates that you agree to, and will comply with, these terms.

If you do not agree to these terms,  you should not use this website.

If you breach these Terms, your right to use this website will immediately terminate.

Topics

Who we are
Applicable Terms and Conditions
Data Protection and Our Privacy Policy
Availability of this Website
Intellectual Property Rights 
Linking to this Website
Security 
Third Party Goods and Services and Links to other Websites
Accuracy of Information and Disclaimer 
Use of the Interactive Services – Your Content and Postings
Complaints 
D-Media’s Liability 
General
How to contact us 

1. Who we are

This website is operated by D-Media Network Limited (D-Media). D-Media is a limited company, registered in England under 07335385. Its registered office is at: Camburgh House, 27 New Dover Road, Canterbury, Kent, United Kingdom CT1 3DN.

2. Applicable Terms and Conditions

2.1 These Terms apply whenever you access and use any information on this website and whevever you use any social network, bulletin or message board, chat room, blogs or other service (the Interactive Services) available on this website from time to time, whether from the UK or in any other jurisdiction.

2.2 In addition to these Terms, if you are a Member of the D-Media Network, you are bound by D-Media’s Terms of Membership and, if you use any service which D-Media provides or enjoy any membership benefit, you do so subject to any additional terms and conditions which are applicable to that service or benefit (Service-Specific Terms.)

2.3 If there is any conflict or inconsistency between these Terms and any Service-Specific Terms, those Service-Specific terms will prevail, but only in relation to the specific service, and only to the extent necessary to resolve that conflict or inconsistency.

2.4 D-Media may change these Terms and any Service-Specific Terms at any time without giving you notice, so please check them each time you visit this website. The then current Terms will apply to your use of this website and any Interactive Service. D-Media last updated these Terms on 9th February 2011.

2.5 No addition to or modification of any provision of these Terms will be binding on D-Media except an addition or modification contained in revised Terms of Use posted on this website by D-Media.

2.6 Please note that parts of this website and the information and materials available on them may be restricted to Members of the D-Media Network. Please click here if you are interested in joining.

3. Data Protection and Our Privacy Policy

3.1 Any personal information which you provide to D-Media when registering and when using this website may be collected and used in accordance with D-Media’s Privacy Policy.

3.2 WHENEVER YOU PROVIDE D-MEDIA WITH INFORMATION ABOUT YOURSELF, YOU ARE CONSENTING TO D-MEDIA COLLECTING AND USING THOSE PERSONAL DATA IN ACCORDANCE WITH ITS Privacy Policy.

3.3 D-Media may change its privacy policy at any time without giving you notice, so please check it each time you visit this website or provide any personal data to D-Media.

4. Availability of this Website

4.1 D-Media reserves the right to withdraw or amend this website, any content on it and any Interactive Service at any time without notice.

4.2 D-Media may suspend access to this website or any content on it or any Interactive Service at any time without notice.

4.3 D-Media will have no liability for the inability of anyone to access this website or any content on it or any Interactive Service, and does not warrant that this website or any Interactive Service will operate without interruption.

4.4 D-Media makes no representation and gives no warranty that the content on this website or any Interactive Service is appropriate or available for use in locations outside the United Kingdom.

4.5 If the use of any content on this website or any Interactive Service is unlawful in any jurisdiction (because of your nationality, residence or for some other reason), that content or Interactive Service is not offered to you. If you are outside the United Kingdom you must satisfy yourself that you are lawfully able to use any such content or service. D-Media accepts no liability, to the extent allowed by the law, for any costs, losses or damages resulting from or related to the access or attempted access of any content on this website or any Interactive Service by anyone outside the UK.

4.6 This website and the Interactive Services may be used only by individuals who are over 17 years old.  Any registration of a profile, use of, or access to, this website or any of the Interactive Services by an individual who is under 18  is unauthorised, unlicensed and a breach of these Terms.  You warrant to D-Media that you are 18 years old or more.

4.7 You are responsible for making all arrangements necessary for you to have access to this website and the content on it.

4.8 You are also responsible for ensuring that everyone who accesses this website and any content on it through your internet connection is aware of these Terms and complies with them.

5. Intellectual Property Rights

5.1 The content on, and services provided via, this website are protected by copyright, database rights and other intellectual property rights.

5.2 Subject to any Service-Specific Terms, you may read, print and download parts of the content on this website for your private use or for use in the ordinary course of your business, but you may not make any profit from the use of that content, and you may not republish, disseminate or transmit any of it, or exploit it for commercial purposes, make any derivative work, or copy it for any other purpose without first obtaining D-Media’s written permission, or that of the rights owner.

5.3 If you wish to ask for such permission please contact: hello@d-media-network.com.

5.4 If you wish to copy any of the content on this website or in any Interactive Service to anyone else, please direct them to this website instead of copying the content and forwarding the copy to them.

5.5 D-Media Network is a trade mark and trading name of D-Media globally.  You may not use D-Media Network as part of a trade mark or domain name or in connection with any product or service without first obtaining the written permission of D-Media.

6. Linking to this Website

6.1 You may create a link from your website to this website, provided:

a) you do so in a way which is fair, lawful and does not damage D-Media’s reputation or take advantage of it; and

b) you do not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of D-Media where none exists;

c) you do not create a link to this website from any website except your own;

d) you do not frame this website;

e) the content on the website which you link to this website is lawful; and

f) you comply with Condition 10.2.

6.2 D-Media reserves the right to withdraw the permission granted in Condition 6.1 at any time without notice.

7. Security

7.1 You must:

a) keep all user names, PINs, IDs and passwords used to access this website or any content on it secure and confidential, and you must not disclose them to any third party and you must not allow anyone else to use them;

b) inform D-Media at hello@d-media-network.com immediately if you become aware of, or suspect, any breach of security or the unauthorised use of any user name, PIN, ID or password;

c) not try to circumvent the security features of this website, or tamper with, hack into, or gain unauthorised access to any content on this website or any computer system or database linked to it;

d) not disrupt or disable (nor attempt to disrupt or disable) this website or any computer system, server, router or other device used to host this website or linked to this website; and

e) not attack this website (including by means of a denial-of-service attack or a distributed denial-of service attack).

7.2 You will be responsible for all use of this website and any Interactive Service using your user names, PINs, IDs and passwords.

7.3 D-Media may disable any login, PIN, IDs or passwords used to access this website or any content on it at any time, if there has been or if D-Media suspects that there has been a breach of security or misuse of this website.

7.4 If you use multiple user names to post multiple profiles for the purpose of disrupting this website or any service available through it, or to annoy other users, D-Media may delete your profiles and disable your user names, PINs, IDs and passwords.

7.5 To help D-Media to check your identity and to communicate with you, you must provide D-Media with your own usual email address which you access regularly, and not with a temporary, hotmail, or group email address. If you register with someone else’s email address, or with a temporary email address, D-Media may cancel your registration and remove your profile without notice. D-Media may require you to re-register your profile if it believes you have used an invalid email address.

7.6 D-Media may refuse to allow you to register with a user name which impersonates someone else, which is or may be protected by trade mark or other intellectual property rights, or which D-Media decides is offensive or otherwise inappropriate.

7.7 You are responsible for ensuring that ensure that your computer systems and network connections are suitable to access and use this website.

7.8 D-Media does not warrant that any content on, or available via, this website will be free from viruses or other code which might be harmful. You are responsible for implementing sufficient anti-virus software, firewalls and other checks to ensure the security of your systems and the software and data on them.

8. Third Party Goods and Services and Links to other Websites

8.1 Any link from this website to any other website is provided solely for convenience.  If you use any link to another website, you will leave this website.

8.2 Whenever you access or use a website to which this website is linked, you must comply with any and all terms and conditions of use applicable from time to time to that other website.

8.3 If you purchase or acquire goods or services from any third party, even if you have been directed to that third party from this website, any contract you enter into with that third party and any use you make of its website is a matter between you and that third party. D-Media has no liability for the services or goods provided by any third party and it is for you to make your own judgment about them.

8.4 Any opinion, advice, statement, service, offer, or information or content provided or made by any third party on this website, or on any website to which this website is linked, is that of the author or provider, and not of D-Media. D-Media does not endorse, and D-Media is not responsible for, the accuracy or reliability of, any such opinion, advice, statement, service, offer, information or content.

8.5 Where content or information on, or services available via, this website have been supplied by a third party, D-Media does not control or endorse them in any way. All information, content and services supplied by any third party are made available in good faith but D-Media does not (to the extent allowed by the law) accept responsibility for their accuracy or use.

8.6 D-Media makes no representation and gives no warranty about any other website or the organisation which operates it, or any opinion, advice, statement, offer, information or content on it or goods or services offered by it. D-Media has no control over their content or availability. D-Media will not be liable for any loss or damage caused by or in connection with any use of, or reliance on, any information, materials, goods or services available on or through any other website.

8.7 If you decide to access any website linked to this website, you do this entirely at your own risk.

8.8 Any concern about any other website should be directed to that website’s operator.

9. Accuracy of Information and Disclaimer

9.1 D-Media makes no representation and gives no warranty that any content on this website is accurate, up to date or complete. D-Media accepts no liability for any loss or damage caused by inaccurate, out of date or incomplete content on this website.

9.2 If you find any inaccurate, out of date or incomplete information or content on this website, or if you suspect that something is an infringement of intellectual property rights, you must let D-Media know immediately by contacting: hello@d-media-network.com

9.3 You should independently verify any information and content on this website before relying on it. The information and content on this website are not intended to address any particular requirements; they do not constitute any form of advice or recommendation by D-Media, and are not intended to be relied upon when making (or refraining from making) any decision. The information and content on this website are not substitutes for the exercise of professional judgement. If you are not qualified or experienced enough to make that judgement, you should take professional advice.

10. Use of the Interactive Services – Your Content and Postings

10.1 You must ensure that any profiles which you post on this website or on any social or business networking website to which this website is linked contains up to date and accurate information about you and your business.

10.2 You agree to use the Interactive Services and to post or otherwise make available content only in accordance with the following Conditions:

a) you will not make any personal attack on anyone and will only post, create any link to, or otherwise make available, material in any review of a product, service, business or individual that is accurate in terms of any facts stated and that only includes opinions that you genuinely hold;

b) you will not post, create any link to, or otherwise make available, any defamatory, obscene, indecent, lewd, pornographic, violent, abusive, offensive, insulting, threatening, menacing, unlawful or blasphemous message or material;

c) you will not post, create any link to, or otherwise make available, any message or material that is an invasion of privacy, a breach of any data protection principle or legislation, a malicious falsehood or seditious libel, a contempt of court, or that is discriminatory in any way, including by way of sex, race, or age discrimination or that is likely to incite or is capable of inciting violence, racial hatred, sadism or cruelty or that encourages any unlawful or illegal act or omission;

d) you will not post, create a link to, or otherwise make available, any statement which involves terrorism, theft, fraud, drug-trafficking or money laundering;

e) you will not post, create a link to, or otherwise make available, any statement that you know or have reasonable grounds for believing is or is likely to be understood by members of to public to whom the statement is published as encouragement or other inducement to prepare, instigate or commit acts of terrorism;

f) you will not post, create any link to, or otherwise make available, any message or material which is intentionally false or that is misleading, or that causes annoyance, inconvenience or needless anxiety, or that is potentially damaging or harmful;

g) you will not impersonate anyone else, whether or not a public figure;

h) you will not falsely state or falsely represent that you are connected to, or affiliated with, any individual or entity;

i) you will not promote or advertise or engage in any other form of marketing, including (without limitation) chain letters or pyramid selling, even if you are acting on behalf of a non-profit-making organisation or a charity;

j) you will not post, create any link to or otherwise make available, any message or material that is protected by copyright, database rights or any other intellectual property rights unless you are the owner of those rights, or you have the permission of that owner to publish that material in that way;

k) you will not post, create any link to or otherwise make available, any message or material which is intended to assist others in defeating technical copyright protections;

l) you will not post, create any link to, or otherwise make available, any confidential information; if you do so it will no longer be confidential;

m) you will not use any bulletin board or chat room to manipulate the market for any security;

n) you will not use any of the Interactive Services to offer, sell or buy any security or in any way that is in breach of any rule or regulation relating to financial services;

o) you will not break any law or regulation; and

p) you will not post or create a link to any file which contains any virus, corrupted data, Trojan horse, worm, time-bomb, keystroke logger, spyware, adware or anything else which might damage, destroy or render inaccessible any data or files on any computer or might adversely affect the operation of any computer system.

10.3 Any personal data which you post to this website or in any Interactive Service will be accessible to people outside the European Economic Area and may be used, stored and processed by them.  Bear in mind that many countries outside the EEA do not adequately protect your rights as a data subject.

10.4 D-Media has the right to monitor any material posted or otherwise made available to this website or any Interactive Service, although it is not obliged to do so.

10.5 D-Media may, at its discretion, delete, edit, block or permanently remove, any message or material posted to this website or any Interactive Service, at any time, for any reason and without giving any notice.  In particular, D-Media reserves the right to immediately remove or disable access to any material which it deems to be potentially defamatory of any person and any material which is an infringement of a third party’s copyright, database rights or other intellectual property rights.

10.6 D-Media may determine, at its discretion, whether there has been a breach of any part of these Terms by through your use of this Website or any Interactive Service, and D-Media may take such action as D-Media thinks appropriate in relation to that breach.  Failure to comply with any provision of Condition 10.2 constitutes a material breach of these Terms and may result in D-Media taking all or any of the following actions:

a) an immediate temporary or permanent withdrawal or suspension of your right to use this website and any or all of the Interactive Services;

b) an immediate, temporary or permanent removal of any material posted by you to this website;

c) any content posted by you being checked before it is allowed to go on this website;

d) issuing a warning email to you informing you why your posting has been refused or edited;

e) instigating legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

f) taking other legal action against you;

g) disclosure of such information to law enforcement authorities and other relevant third parties as D-Media thinks is necessary.

10.7 The actions D-Media may take in response to a breach are not limited to those described in these Terms, and D-Media may take any other action it thinks appropriate.

10.8 D-Media reserves the right to suspend any Interactive Service at any time without notice.

10.9 By posting any material (including any text, photographs, graphics, video or audio) to this website or in any Interactive Service you are granting D-Media, free of charge, a non-exclusive licence to use, copy, publish and adapt that material in any way it wishes, indefinitely.

10.10 You waive your moral rights in relation to any message or material posted by you to this website, including your right to be identified as its author.

10.11 Copyright in any material posted or otherwise made available by you to this website or in any Interactive Service will remain with you and the licence granted to D-Media in Condition 10.9 is not exclusive, so by granting it you do not prevent yourself from using the material in any other way, including allowing others to use it.

10.12 You warrant that any material you post to this website or in any Interactive Service will comply with Condition 10.2, that you have the right to grant the licence in Condition 10.9, and that you have the consent of any individual whose personal details appear in the material and the consent of their parent or guardian to the disclosure of those details if they are under 16.

10.13 You will indemnify D-Media against all and any claims, liabilities, losses, damages costs and expenses incurred by D-Media in connection with the breach of any warranty in Condition 10.12.

10.14 You acknowledge that none of the material which you post to this website or in any Interactive Service will be considered to be confidential.

11. Complaints

11.1 If you wish to complain about any content on this website or about any material posted by another user to this website or in any Interactive Service, please contact D-Media at admin@d-media-network.com.  D-Media will then review the material you have complained about and decide whether it complies with these Terms.  D-Media will deal with any material which, in its opinion, breaches these Terms.  D-Media will inform you of the outcome of its review within a reasonable time after receiving your complaint.

11.2 If you believe that that any material on this website or in any Interactive Service infringes any copyright that you own or control you may send a written notification of that alleged infringement to admin@d-media-network.com.  That notification must include:

a) a description or copy of the work which you claim has been infringed;

b) evidence that you are the copyright owner of the work or that you are authorised to act on behalf of the copyright owner;

c) details of where on this Website the material which you claim is infringing is located;

d) a statement that you have a good faith belief that the infringement has not been authorised by the copyright owner or its agent; and

e) a statement that the information provided in the notification is accurate and true and that you are the copyright owner or authorised to act on their behalf.

12. D-Media’s Liability

12.1 D-Media provides much of the content on this website free of charge. Whether or not D-Media charges for it, it is provided on the basis that D-Media has no liability for that information or material.

12.2 D-Media will have no liability for any error or corruption or breach of security resulting from the transmission of any information or material over any telecommunications network.

12.3 D-Media will not be liable for any loss or damage caused by a denial-of-service attack, any viruses or other technologically harmful material which may infect any computer system as a result of any use of this website or your downloading any content on it or on any website linked to it.

12.4 D-Media does not exclude or limit its liability for death or personal injury caused by its negligence or for any fraud on its part, or for any liability that cannot be excluded by law.

12.5 Subject to Condition 12.4, D-Media will not be liable for any indirect or consequential loss. Nor will D-Media be liable for any loss of business, loss of profit, loss of revenue, loss of opportunity, loss of goodwill, loss of data, or for any lost or wasted management time or the lost time of other employees arising from any use of this website or any content on it, or any inability to use it (whether, in each case, that loss is direct or indirect).

12.6 Except as expressly set out in any Service Specific Terms (which apply only in relation to the specific service or benefit), all warranties, representations, terms, conditions and undertakings on the part of D-Media, whether implied by statute, common law, custom, trade usage, course of dealing or otherwise (including any implied warranty, representation, term, condition or undertaking of satisfactory quality or fitness for a particular purpose) are excluded to the fullest extent allowed by law.

13. General

13.1 Headings are included in these Terms for convenience only; they do not affect their interpretation or construction.

13.2 No delay, neglect or forbearance on the part of D-Media in enforcing any of these Terms will be, or be deemed to be, a waiver. Nor will it prejudice any of D-Media’s rights.

13.3 If any of these Terms is (for any reason) held to be unenforceable, illegal or in some other way invalid, the unenforceable, illegal or invalid provision will not affect the remainder of these Terms; and they will continue in full force and effect.

13.4 These Terms (together with, in the case of Members of the D-Media Network, the Terms of Membership and any Membership Regulations made from time to time by the Board of D-Media) are the entire agreement between any user of this website and D-Media relating to the use of this website and the content on it. They supersede all prior agreements, negotiations, representations and proposals, whether written or oral, concerning that use except any Service Specific Terms and D-Media’s Privacy Policy.

13.6 D-Media may assign its rights against you and its obligations (in whole or in part) to any third party.

13.7 These Terms and your use of this website are governed by and to be construed in accordance with the laws of England. You irrevocably agree to submit any dispute or claim arising out of or in connection with these Terms or their subject matter to the non-exclusive jurisdiction of the English Courts. The place of performance of any contract will be England.

How to contact us

If you have any questions about these Terms, please contact: hello@d-media-network.com

Alternatively you may write to D-Media at:

D-Media, 19, St Martin’s Close, Canterbury, Kent, CT1 1QG