Terms of Use

Effective as of July 10, 2009

The Telegraph21 Team Welcomes You!
Welcome to the T21 Website. T21 provides you with access to telegraph21.com (together with all content and services available therein, the “Site”) subject to the following terms and conditions and the Site’s Privacy Policy [LINK] Please read these documents carefully before using the Site.

AGREEMENT

BY ACCESSING T21, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITE(S) OR SERVICE, INCLUDING USERS WHO ALSO CONTRIBUTE CONTENT, INFORMATION OR ANY OTHER MATERIAL OR SERVICES ON THE SITE(S). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE VARIOUS WEBSITES OWNED AND OPERATED BY T21 , INCLUDING, WITHOUT LIMITATION, THE TELEGRAPH21.COM WEBSITE AND DOMAIN NAME, AND ANY OTHER FEATURES, CONTENT, OR APPLICATIONS OFFERED FROM TIME TO TIME BY THE T21 IN CONNECTION THEREWITH (COLLECTIVELY “SERVICE”). BY USING THE SITE(S) OR SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING, SUBMITTING ANY MEDIA OR COMMENTARY OR BROWSING THE SITE(S), YOU AGREE TO BE BOUND BY THIS AGREEMENT.

1. Modification of the Site or Terms of Use
T21 reserves the right, in its sole discretion, at any time, to modify, discontinue, or terminate the Site, including but not limited to the right to modify these Terms at any time by giving you notice by email or by publishing the modified Terms on the Site. It is your responsibility to review these Terms (as amended by us from time to time). If any amendment to these Terms is unacceptable to you, you should cease using the Site and/or the T21Services. If you continue using the T21 Services following notification of the modified Terms, you will be deemed to have accepted and will be bound by the modified Terms.

2. Content
T21 provides certain types of content on its Website. “Content” as used in these terms, means all text, graphics, multimedia content or other material that you see or read on the Site and all related code, excluding contributor’s Submissions (as defined below). This content is owned or licensed to T21, and may not be used except as provided in these Terms of Use. You may use the Site and the Content offered thereon only for lawful, personal, non-commercial purposes. T21 prohibits use of the content for the purposes of data gathering and extraction tools on the Content, frame any portion of the Site or Content, or reproduction, reprinting, copying, storing, publicly displaying, broadcasting, transmitting, modification, translation, porting, publishing, sublicensing, assigning, transferring, selling, loaning, or otherwise distributing the Content in any way other than that described in Section 6, below “Links and Content on Third Party Websites.” You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content. Your use of the Site may not in any way infringe or misappropriate the intellectual property right of any third party.

3. Contributor and Submitter Registration
In order to submit content to the Site you must first register an account with T21 by providing certain information so that we may be in touch with you. During registration we ask you to provide us with certain personal information such as your name and email address. We reserve the right to ask for additional information where pertinent, such as your address and age.

By submitting your email address and registering an account you represent and warrant to the best of your knowledge that:
(a) that you are an individual capable of entering into a contract with T21, or, that you are at least thirteen (13) years of age, that you have your parent’s permission to do so;
(b) that you will provide us with true, accurate, current and complete information, and that you will update such information as it may change from to time to time;
(c) that you are solely responsible to maintain the security of your account and password when applicable, and assume full responsibility for all activities that occur under the account and any other actions taken in connection with it; and that you will notify T21 of any unauthorized uses of your account, or any other breaches of security.

4. Submissions of Video Content and other Media
(a) We welcome Submissions of media content, (‘Submission(s)’) shall include user generated recorded video in any format, text, images, recorded sound, and other communications submitted by registered contributors for publication on the Site. You understand that whether or not such Submissions are published, T21 does not guarantee any confidentiality with respect to any Submissions.

(b) Our Intellectual Property Rights to Submissions: By submitting Contributor Submission(s) to T21, you hereby grant T21 a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, prepare, display, perform the Contributor Submission(s) in connection with the Site and T21’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of Site (and derivative works thereof) in any media formats and through any media channels. T21 shall own all right, title and interest in all and to all works created by T21 and posted to the T21 Website, including all worldwide intellectual property rights therein. You also hereby do and shall grant each user of the Site a non-exclusive license to access your Contributor Submissions through the Site, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such Contributor Submissions as permitted through the functionality of the Site. For clarity, the foregoing license grant to T21 does not affect your other ownership or license rights in your Submission(s), including the right to grant additional licenses to the material in your Contributor Submission(s).

(c) Your Ownership of Submissions and Promises to T21: You own the original content of your Submission(s). We do not claim ownership rights in your Submissions. You shall be solely responsible for your own Contributor Submissions and the consequences of posting or publishing them. You represent and warrant that any material contained in any such Contributor Submissions:

i. Are owned by you, or you have the necessary licenses, rights, consents, and permissions to use and authorize T21 to use each and every image, sound, and other piece of content contained in each such Submission and to enable inclusion and use of such Contributor Submissions in the manner contemplated by the Site and this Agreement; specifically, you have the written consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submissions in the manner contemplated by the Site and this Agreement; and specifically, the posting of your Submission on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. You agree to pay all royalties, fees, and other monies owing any person or entity by reason of any content posted by you to or through the Site.

ii. Is not unlawful, obscene, fraudulent, indecent or pornographic; does not defame, abuse, harass, or threaten others; and is not hateful or racially, ethnically or otherwise objectionable.

iii. Does not contain any software viruses, Trojan horses, worms, bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;

iv. Does not advocate or encourage any illegal activity or activity that might give rise to civil liability;

v. Does not infringe the copyright, patent, trademark, trade secret, right of publicity or other intellectual property, proprietary, contracted, personal or other right of any third party;

vi. Does not violate the privacy rights of individuals, including other users of the Site; and

vii. Does not violate any applicable local, state, national or international law.

(d) Limitations: You acknowledge that T21 may, at its option and sole discretion, establish limits on all Submissions, including and without limitation the maximum number of days that a Submission or any derivative of a Submission will remain on the Site and the size and length of any files on the Site. You further agree that T21 reserves the right to decide at its option, whether Content or a Contributor Submission is inappropriate or violates this Agreement, including but not limited to copyright infringement, violations of intellectual property law, pornography, obscene or defamatory material, or excessive length. T21 also reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages and Contributor Submissions) by you, or to restrict, suspend or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice. Notwithstanding the foregoing, T21 assumes no responsibility for monitoring the Site, Content, or Contributor Submissions for inappropriate conduct, or modifying or removing such conduct, Content or Contributor Submissions from the Site.
(e) Submission Disclaimer: T21 does not endorse any Submission or any opinion, recommendation, or advice expressed therein, nor are we responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Contributor Submissions. You shall be solely responsible for your own Submissions and the consequences of submitting or our publishing them. You agree that T21 has no liability with respect to any Submissions, including, without limitation, your own submissions, and you hereby irrevocably release T21 and its officers and directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to Contributor Submissions or any part thereof. You further understand that you may be exposed to Submissions that are inaccurate and agree to waive any legal or equitable rights or remedies that you have or may have against T21 with respect thereto.

5. Copyrighted Materials and Compliance with the DMCA
T21 does not permit use of its Site or services to transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates the intellectual property rights of any third party. T21 may remove Contributor Submissions and/or terminate a Contributor’s account for submitting materials in violation of these Terms of Use at any time, without prior notice and at our sole discretion. If you believe that any Contributor Submission or other content infringes upon your copyrights, please submit a notification by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(d) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(g) T21’s Copyright Agent for notice of claims of copyright infringement on or regarding this Site can be reached as follows:

Upon receipt of notice as described and outlined above, T21 will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Site, and/or termination of the T21 Submitter’s account or future use of T21.

6. Links and Content on Third Party Websites
(a) This Site contains links to pages on other websites that may be of interest to you, which are provided for ease of reference only. T21 has not reviewed, and cannot review, all of the material, including computer software, made available through the websites to which T21 links, and that link to the our Site. T21 does not control any of the third party websites and webpages, and is not responsible for their contents or their use. By linking to third party website or webpage, T21 does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Before using any of the third party websites, you should review the terms and conditions and privacy policy of the website.

(b) You may establish links to any of the videos posted on T21 in your personal websites and blogs, provided that you:

i. Do not remove or obscure any advertisements or T21 logos or the Copyright Notice; and

ii. You agree to cease any links if notified to do so by T21.

iii. You shall not link T21 material to any Websites that promote unlawful, obscene, fraudulent,
indecent or pornographic material, nor for the purpose to defame, abuse, harass, or threaten others.

(c) You are not permitted to display or use any T21 Content in any manner except as that described above in paragraph 6(b) 1 and (2).

7. Disclaimer of Warranties
THIS SITE, SERVICES, CONTENT AND ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. T21 HAS NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. You acknowledge that T21 has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release T21 from all liability for you having acquired or not acquired Content through the Sites. The Sites may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. T21 makes no representations concerning any content contained in or accessed through the Sites, and T21 will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites.

T21, AND ITS MANAGEMENT, OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, SPONSORS, AFFILIATES, OR AGENTS AND CONTENT PROVIDERS ARE NOT RESPONSIBLE FOR SERVICE AND OR EQUIPEMENT ISSUES THAT AFFECT USABILITY. IT IS YOUR RESPONSIBILITY OT MAKE SURE YOU ARE ABLE TO COMPLY WITH THE RELEVANT SYSTEM REQUIREMENTS BEFORE YOU ACCESS THE SITE. T21 EXPRESSLY DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.

Due to the differences in law on implied warranties, some states may limit the length of an implied warranty.
In such a case, some of the above terms in Section 7 may not apply to you.

8. Limitation of Liability
IN NO EVENT SHALL T21, ITS MANAGEMENT, OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, SPONSORS, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM YOUR USE OF THE SITE, SERVICES, CONTENT OR FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, OR ANY THIRD PARTY WEBSITES (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT T21 IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT T21 SHALL NOT BE LIABLE FOR CONTRIBUTOR COMMENTARY OR SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

9. International Use
T21 recognizes that due to the fact that the Internet Access is global, and we ask that you comply with all local rules regarding online conduct and content. T21 is controlled and offered from T21’s facilities in the United States of America. Your Agreement to use our Site includes your agreement to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

10. Indemnification
You agree to defend, indemnify, and hold harmless T21 and our affiliates, sponsors and subsidiaries, and our respective employees, contractors, officers, directors, and agents from any claim, damages, loss, costs, , attorneys’ fees, expenses, or liability (collectively, “Liabilities”), made by any third party due to or arising from your use of the Site, including without limitation Liabilities relating to (i) your use of and access to the Site or any content that you post thereon; (ii) your violation of any term of these Terms of Use or your representations and warranties set forth above; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Contributions caused damage to a third party. T21 reserves the right at our expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This defense and indemnification will survive these Terms of Use and your use of the Site.

11. Notices
Notices to you may be made via either e-mail. T21 may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on T21.

12. Privacy
Electronic Communications Privacy Act Notice (18USC 2701-2711): T21 MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITES OR ANY WEBSITE LINKED TO THE SITES. T21 will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on T21’s equipment, transmitted over networks accessed by the Sites, or otherwise connected with your use of the Service.

13. General Information
In any event that any provision in these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. These Terms of Use, together with any policies referenced herein, constitute the entire agreement between T21 and you concerning the subject matter hereof. Except to the extent applicable law, if any, provides otherwise, these Terms of Use and any access to or use of the Site will be governed by the laws of the State of New York, excluding its conflict of law provisions. Any legal action or proceeding arising under these Terms of Use will be brought exclusively in courts located within the state of New York, in the County of New York, and the parties irrevocably consent to personal jurisdiction and venue therein. If any provision of these Terms of Use is deemed invalid by an arbitrator or court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. A waiver by either party of any term or condition of this agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights under this Agreement; T21 may assign its rights under this agreement without condition. This agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

14. Feedback

T21 welcomes your feedback and encourages you to contact us. You agree that any feedback you submit on an unsolicited basis to our employees or representative will automatically forfeit your right to any intellectual property in these ideas, and unsolicited ideas submitted to T21 will automatically become the property of T21. You assign and agree to assign all rights, titles, and interests you have in such feedback and ideas to T21 together with all intellectual property rights therein.

If you have any questions for us or concerning these Terms of Use, or about the Services, please contact T21, at

Christine@telegraph21.com

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Terms of Use