Terms and conditions

Terms of Use

  1. The website known as Bibendum Times at www.bibendum-times.co.uk (“ the Site”) is owned and operated by Bibendum Wine Limited.  Bibendum Wine Limited is a limited liability company registered in England and Wales under company number 02218928, having its registered office at 113 Regents Park Road, London NW1 8UR (“the Company”). Please read the terms set out below (“the Terms”) carefully as they set out your rights and obligations and the terms on which we makes the Site available to you. They also provide information on how you can submit material and how this will be used.
  2. Visitors to the Site just wishing to view content do not need to register. However, any use of the Site (including, but not limited to, viewing content) constitutes your acceptance of these Terms, which takes effect the moment you first use the Site. If these Terms are not accepted in full, you should not access the Site and should stop using it immediately. We reserve the right to change the Terms at any time by posting changes online and it is your responsibility to refer to and comply with the most up to date Terms on accessing the Site. Your continued use of the Site after changes are posted constitutes your acceptance of the Terms as modified.
  3. Unless otherwise stated, you may not copy, reproduce, republish, download, post, store (including in any other website), distribute, transmit, broadcast, commercially exploit or modify in any way any of the Site’s material or content (including other Contributions or any advertising or sponsorship) or permit or assist any third party to do the same.
  4. You agree to only use the Site for lawful purposes, in a manner which does not improperly infringe the rights of, or restrict or inhibit the use and enjoyment of, the Site by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is libelous, in breach of anyone’s privacy or which may harass, cause real distress or inconvenience to any person and the transmission of obscene or offensive content or interruption of the normal flow of dialogue within the Site.
  5. The Site may include links to third party web sites (“Third Party Sites”) from time to time. The Company is not responsible for the availability of the Third Party Sites and will not be responsible or liable for any content or services from the Third Party Sites. All accessing of the Third Party Sites is at your own discretion and risk.

Californian Prize Draw Terms and Conditions

  1. The winner will be picked at random from all respondents of the Bibendum Taste Survey who supply a valid email address.
  2. The prize must be taken between October 2010 and February 2011 and must be booked eight weeks in advance of departure
  3. The Competition is organized by Bibendum Wine Ltd, 113 Regents Park Road, Londo, NW1 8UR.
  4. To enter the competition you must be 21 years old or over at the time of the entry.
  5. This competition is open to all contributors to respondents of the Bibendum Taste survey with the exception of employees of Bibendum Wine Ltd, A&N Media and their families.
  6. The prize is non-transferable and there is no cash alternative. Bibendum Wine Ltd reserves the right to substitute prizes of equal or greater value at any time.
  7. Any expenses occurred out with of those explicitly stated in the prize are the responsibility of the winner.
  8. The Winner will be announced by the 21st July at the latest.
  9. The trip must be taken by end February 2011
  10. It is the responsibility of the winner to contact Bibendum Wine Ltd in sufficient time to allow all travel arrangements to be booked at least eight weeks before departure.
  11. In the event of any dispute regarding the Rules, conduct, results and all other matters relating to a Competition, the decision of Bibendum Wine Ltd shall be final and no correspondence or discussion shall be entered into.

Registration and Membership

  1. If you would like to upload material to the Site, interact with the Site including participating in the forums or blogs or setting up a profile, you must register and become a Site member (“Member”). As part of this you will be asked to “accept” these Terms and, on doing so, you will be deemed to have consented to and will be bound by these Terms and conditions.
  2. When you register as a Member, you will be asked to select a user name and password you can then use to access your account and log on to and/or participate in areas of the Site reserved for Members only. We reserve the right to reject user names that are offensive, defamatory or otherwise unsuitable.
  3. You accept it is your sole responsibility to maintain the confidentiality of your password and you are responsible for all activity that occurs under this. We are unable to check the identity of people acting as Members or using Members’ areas and will not be liable where your password is used by someone else.
  4. You should make sure you are the only person using your password and you agree to notify us of any unauthorised use of your password and any other breach of security as soon as you become aware of it.
  5. If you use any functionality this Site makes available that allows people to contact you or leave comments, you are accepting these may be abusive, untrue or unpleasant. Please be careful when using any messaging and do not reveal personal information such as your home or work contact details, your last name or where you live.
  6. You agree and confirm that if registering as a Member, you are 18 or over and all information provided by you to us is accurate, true and up to date in all respects and at all times.
  7. Where there are any other restrictions or eligibility requirements, these will be set out on the Site. We reserve the right for ask for written proof of age or eligibility from you. If we discover or suspect that you do not comply with the age requirements, we reserve the right to suspend or terminate your Membership immediately.
  8. We reserve the right to modify, suspend or discontinue the Site or any part of it (including the availability of any features of the Site) at any time and without notice or liability to you. We are entitled to suspend or terminate your Membership or access to any part of the Site at any time if you breach the Terms or for technical reasons.

Contributions

  1. “Contribution” includes all content provided to the Site or uploaded to the Site by Members i.e. forum or blog entries, videos, clips, pictures, recipes, reviews, comments, data posting, competition entries and all other user generated material, which will be stored in a database by us.
  2. You agree and guarantee that any Contribution you provide or upload is original to you and does not infringe the copyright or any other rights of any other person. You must obtain any consent necessary for you to provide the Contribution to us. You agree and confirm that all facts expressed by you in any Contribution are true to the best of your knowledge and belief and, if your Contribution contains opinions, these are your own and genuinely and truly held by you; and that nothing in your Contribution will include an advertisement for your business or products; that nothing in the Contribution will infringe the copyright or any other right of any person, breach any contract or duty of confidence, be defamatory, obscene or sexually oriented, abusive, vulgar, offensive, indecent, harassing, threatening, breach anyone’s privacy or may constitute a contempt of court or break any applicable laws or be calculated to bring us or any other person into disrepute; and that all Contributions will comply with any additional Terms or requirements on the Site and you will at all times comply with the Terms.
  3. By providing, uploading and otherwise submitting a Contribution to the Site the Member agrees that all rights of ownership to their Contribution passes to the Company.  As such, the Company holds all ownership rights and as a result the Member irrevocably relinquishes all rights of ownership to the Contribution and the Company will be able to use the Contribution as set out in these Terms and will have the right to use the Contribution in any way the Company decides.
  4. Where the Company owns a Contribution it may (and third parties authorised by us) make use of it to any other media, whether now known or invented in the future, which may include other internet sites, mobile, television and/or radio and/or publishing and that those Contributions so used may be made available with advertising and/or sponsorship. By providing ,uploading and otherwise submitting a Contribution to the Site the Member concerned grants us (and third parties authorised by us) an exclusive, worldwide, irrevocable license (for the full period of any rights in the Contribution) to use, display, publish, transmit, copy, make derivative works or podcasts from, edit, alter, store, re-format, sell and sub-license the Contribution for such purposes as so decided by the Company.
  5. Whether or not we own the Contribution, you grant us  the right to issue publicity concerning the Contribution and any material or service in which it may be included, and for such purpose to use and reproduce your name and photograph if we wish (where these have been provided to us) and your Contribution.
  6. We do not guarantee to use or otherwise make available any Contribution. Any Contribution may be rejected by us and may be edited, moderated or deleted at its absolute discretion. We reserve the right not to accept any Contribution that is not in English and cannot be moderated. All decisions are final and we will not enter into any discussions or correspondence about why a Contribution has been rejected.
  7. We may, in appropriate circumstances, and at its sole discretion, remove or disable access to a Contribution that appears to be legally or otherwise problematic e.g. it infringes the copyright or other intellectual property or privacy rights of others, is defamatory etc. or for any other reason. In relation to all reviews and comments posted on the Site, you consent to us editing such reviews to ensure compliance with the Terms.
  8. The Company retains the right to request ownership of other Contributions even if they are not published. The Member will be asked You agree, however, that we have no obligation to keep originals or copies of any Contribution or to return this to you or remove this from the Site on termination of your Membership.
  9. If we terminate your Membership, your Contributions (if any) will remain on the Site. Please contact us at btimes@bibendum-wine.co.uk with details of any Contribution you would like to be removed and we will try to remove this.

Other Content and Complaints

  1. Although we ask all Members to submit Contributions that comply with the Terms, you acknowledge that Contributions supplied by other Members may include material you consider offensive or objectionable. We assume no responsibility or liability for such Contributions and, as the Contributions are created by other members, it does not represent our views. You are solely responsible for your interaction with other Members.
  2. If you become aware of any misuse of the Site or wish to complain about any Contribution or material on the Site or believe any of your rights have been violated e.g. your copyright infringed, you have been defamed etc., you can email us at btimes@bibendum-wine.co.uk. Including details of:
  3. Nature of your complaint and location within the Site of the particular content or Member.
  4. For copyright disputes, identification of the copyrighted work you claim has been infringed and a statement that you have a good-faith belief the disputed use is not authorised by the copyright owner, its agent, or the law and that you are the owner of the copyright interest involved or are authorised to act on behalf of the owner.
  5. Your name, address, telephone number and email address and such other information as we may reasonably request.

Availability of The Site and Liability

  1. The Site, Contributions and information, images, logos and content relating to the Site, are provided ‘AS IS’ and on an ‘AS AVAILABLE’ basis without any representation, endorsement or warranty of any kind, including but not limited to implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
  2. We will endeavor to provide the Site using all reasonable care and will use reasonable efforts to make the Site available to you at all times. However you acknowledge that the Site is provided over the internet and so the quality and availability of the Site may be affected by factors that are outside our reasonable control such as technical faults in your ISP’s and/or telecommunication providers’ network/service. We not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, providers, computer equipment or software, or failure of any email to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any website (or any combination of these things).
  3. We make no guarantees that the Site will be available, uninterrupted or error free, or that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs. Except as required by law, we will not be responsible for any loss or damage caused by: (a) interruption or delay to the Site or errors, viruses or bugs contained in the Site caused by events outside our reasonable control; (b) your negligence, your breach of the Terms or failure to follow our reasonable instructions; (c) any incompatibility of the Site with any other software or material on your equipment; (d) any unauthorised use of the Site; or (e) any other factor that is outside our reasonable control.
  4. Content, information and other material on the Site may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of these or the reliability of any information displayed or distributed through the Site (including provided through any software), save as set out specifically in the Shopping Terms. You acknowledge that reliance on any such information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any part of the Site and to make changes to the Site and to the materials, products, programs, services, content or prices described in the Site at any time without notice.
  5. We cannot accept any responsibility for any damage, loss, injury or disappointment suffered though use of the Site. In no event will we be personally be liable for any damages whatsoever, whether in action of contract, negligence or other action, including (but not limited to) damages for loss of use of the Site, damage to equipment or other software, or loss of data or profits or for other monetary loss or for any indirect or consequential damages, arising out of or in connection with the use (or inability to use) or performance of the Site. In addition, in no event shall we be liable for any unauthorised use of the Site.

Intellectual Property Rights Including Copyright

  1. The names, images and logos identifying Bibendum Wine and any products and services are proprietary marks of these parties. Nothing in the Terms shall be construed as conferring to you any license or right under any intellectual property right of all the above parties unless expressly stated otherwise.
  2. All copyright, trademarks and other intellectual property rights in the Site (including the design, arrangement and look and feel) and all material, software or content supplied as part of the Site, other than your Contributions and Your Data (as included in the Privacy Policy), shall remain at all times our property or the property of our licensors and is protected by copyright law.

General

  1. The Terms shall be governed by and construed in accordance with the laws of England. Any disputes arising from the Site or Terms will be decided only by the English courts.
  2. We make no representation that materials on the Site are appropriate or available for use at locations other than the UK and Republic of Ireland and access to them from territories where their contents are illegal is strictly prohibited. If you access the Site outside of the United Kingdom or Republic of Ireland, you are responsible for compliance with all local laws.
  3. If any of the Terms are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms which will continue to be valid and enforceable to the fullest extent permitted by law.
  4. You agree to indemnify and keep indemnified us from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use and/or Membership or arising from any breach or suspected breach of the Terms by you or your violation of any law or the rights of any third party.
  5. We can transfer its rights and obligations under the Terms to any company, firm or person provided this does not affect your rights under the Terms. You may not transfer or assign your rights or obligations under the Terms to anyone else and your Membership is personal to you.
  6. Bibendum Wine Ltd, are incorporated and registered in England and Wales at 113 Regents Park Road, London, NW1 8UR. You can contact us at this address or you can email btimes@bibendum-wine.co.uk.

Last updated January 2010 © 2009 Bibendum Wine Ltd

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