TERMS AND CONDITIONS
Sunbird Management Terms of Use
ACCEPTANCE OF TERMS
The webpages available at www.NewsFromTheAsylum.co.uk, and all linked pages ("Site"), are
owned and operated by Sunbird Management ("Sunbird Management"), a UK business, and is
accessed by you under the Terms of Use described below ("Terms of Use").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY
ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES
(AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE
TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS,
THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE
SITE. Sunbird Management'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF
THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE
TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY Sunbird Management, ACCEPTANCE IS EXPRESSLY
LIMITED TO THESE TERMS.
MODIFICATIONS OF TERMS OF USE
Sunbird Management reserves the right, at its sole discretion, to modify or replace the
Terms of Use at any time. If the alterations constitute a material change to
the Terms of Use, Sunbird Management will notify you via email. What constitutes a "material
change" will be determined at Sunbird Management's sole discretion, in good faith and using
common sense and reasonable judgment. You shall be responsible for reviewing
and becoming familiar with any such modifications. Use of the Services by you
following such notification constitutes your acceptance of the terms and
conditions of the Terms of Use as modified.
DESCRIPTION OF SERVICE
Subject to full compliance with the Terms of Use, Sunbird Management may offer to provide
certain services and content, as described more fully on the Site,
("Services"). Services shall include, but not be limited to, any service and
content Sunbird Management performs for you, as well as the offering of any materials
displayed or performed on the Site (including, but not limited to text, user
comments, messages, information, data, graphics, news articles, photographs,
images, illustrations, software, audio clips and video clips, also known as
the "Content") on the Site. Sunbird Management may change, suspend or discontinue the
Services including any Content for any reason, at any time, including the
availability of any feature or content. Sunbird Management may also impose limits on certain
features and services or restrict your access to parts or all of the Services
without notice or liability.
YOUR REGISTRATION OBLIGATIONS
As a condition to using Services, you are required to register with Sunbird Management and
select a password and screen name ("Sunbird Management User ID"). You shall provide Sunbird
Management
with accurate, complete, and updated registration information. Failure to do
so shall constitute a breach of the Terms of Use, which may result in
immediate termination of your Sunbird Management account. You may not (i) select or use as a
Sunbird Management User ID a name of another person with the intent to impersonate that
person; (ii) use as a Sunbird Management User ID a name subject to any rights of a person
other than you without appropriate authorization; or (iii) use as a Sunbird Management User
ID a name that is otherwise offensive, vulgar or obscene. Sunbird Management reserves the
right to refuse registration of, or cancel a Sunbird Management User ID in its discretion.
You shall be responsible for maintaining the confidentiality of your Sunbird Management
password.
Services are available only to individuals who are at least 13 years old,
whether acting on their own behalf or as an authorized employee or
representative of a corporation or other business entity. If you do not so
qualify, do not attempt to register for or use the Services.
USER CONDUCT
As a condition of use, you promise not to use the Services for any purpose
that is unlawful or prohibited by these Terms of Use, or any other purpose not
reasonably intended by Sunbird Management.
By way of example, and not as a limitation, you agree not to use the Services:
to abuse, harass, threaten, impersonate or intimidate other Sunbird Management users;
to contribute any Content that is infringing, libelous, defamatory, obscene,
pornographic, abusive, offensive or otherwise violates any law or right of
any third party;
for any illegal or unauthorized purpose. If you are an international user,
you agree to comply with all local laws regarding online conduct and
acceptable content;
to post or transmit, or cause to be posted or transmitted, any communication
or solicitation designed or intended to obtain password, account, or private
information from any Sunbird Management user;
to create or submit unwanted email ("Spam") to any other Sunbird Management users or any
URL;
to violate any laws in your jurisdiction (including but not limited to
copyright laws);
to submit stories or comments linking to affiliate programs, multi-level
marketing schemes, sites/blogs repurposing existing stories (source hops),
or off-topic content;
with the exception of accessing RSS feeds, you will not use any robot,
spider, scraper or other automated means to access the Site for any purpose
without our express written permission. Additionally, you agree that you
will not: (i) take any action that imposes, or may impose in our sole
discretion an unreasonable or disproportionately large load on our
infrastructure; (ii) interfere or attempt to interfere with the proper
working of the Site or any activities conducted on the Site; or (iii) bypass
any measures we may use to prevent or restrict access to the Site;
with the intention of artificially inflating or altering the 'Sunbird Management count',
blog count, comments, or any other Sunbird Management service, including by way of
creating separate user accounts for the purpose of artificially altering
Sunbird Management's services; giving or receiving money or other remuneration in exchange
for votes; or participating in any other organized effort that in any way
artificially alters the results of Sunbird Management's services.
Sunbird Management may remove any Content and Sunbird Management accounts at any time for any reason
(including, but not limited to, upon receipt of claims or allegations from
third parties or authorities relating to such Content), or for no reason at
all. To report Terms of Use abuse, please email: abuse@NewsFromTheAsylum.co.uk
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
By uploading, submitting or otherwise disclosing or distributing Content of
any kind at or on the Site or otherwise through the Services, unless source
quoted, you represent and warrant that you own all rights in the Content and
you agree that the Content will be subject to the Creative Commons Public
Domain License, available at
http://creativecommons.org/licenses/publicdomain/.
COPYRIGHT COMPLAINTS
Sunbird Management respects the intellectual property of others. It is Sunbird Management's policy to
respond expeditiously to claims of copyright and other intellectual property
infringement. Sunbird Management will promptly process and investigate notices of alleged
infringement and will take appropriate actions under the Digital Millennium
Copyright Act ("DMCA") and other applicable intellectual property laws. Upon
receipt of notices complying or substantially complying with the DMCA, Sunbird Management
may act expeditiously to remove or disable access to any material claimed to
be infringing or claimed to be the subject of infringing activity and may act
expeditiously to remove or disable access to any reference or link to material
or activity that is claimed to be infringing. Sunbird Management will terminate access for
subscribers and account holders who are repeat infringers.
Notifying Sunbird Management of Copyright Infringement: To provide Sunbird Management notice of an
infringement, you must provide a written communication to the attention of
"DMCA Infringement Notification Dept." care of help@sunbirdmanagement.co.uk that sets forth
the information specified by the DMCA
(http://www.copyright.gov/title17/92chap5.html#512). Please note that you may
be liable for damages (including costs and attorneys' fees) if you materially
misrepresent that an activity is infringing your copyright.
Providing Sunbird Management with Counter-Notification: If we remove or disable access to
content in response to an infringement notice, we will make reasonable
attempts to contact the owner or administrator of the affected site or
content. If you feel that your material does not constitute infringement, you
may provide Sunbird Management with a counter notification by written communication to the
attention of "DMCA Counter Notification Dept." at abuse@NewsFromTheAsylum.co.uk that sets
forth all of the necessary information required by the DMCA
(http://www.copyright.gov/title17/92chap5.html#512). Please note that you may
be liable for damages (including costs and attorneys' fees) if you materially
misrepresent that an activity is not infringing the copyrights of others. If
you are uncertain whether an activity constitutes infringement, we recommended
seeking advice of an attorney.
Sunbird Management PRIVACY POLICY
Sunbird Management's current privacy policy is available at www.NewsFromTheAsylum.co.uk/privacy
(the
"Privacy Policy"), which is incorporated by this reference.
INDEMNITY
You will indemnify and hold harmless Sunbird Management, its parents, subsidiaries,
affiliates, customers, vendors, officers and employees from any liability,
damage or cost (including reasonable attorneys. fees and cost) from (i) any
claim or demand made by any third party due to or arising out of your access
to the Site, use of the Services, violation of the Terms of Use by you, or the
infringement by you, or any third party using your account or Sunbird Management User ID, of
any intellectual property or other right of any person or entity.
WARRANTY DISCLAIMERS
You acknowledge that Sunbird Management has no control over, and no duty to take any action
regarding: which users gain access to 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 Sunbird Management from
all liability for you having acquired or not acquired Content through the
Site. The Site may contain, or direct you to sites containing, information
that some people may find offensive or inappropriate. Sunbird Management makes no
representations concerning any content contained in or accessed through the
Site, and Sunbird Management will not be responsible or liable for the accuracy, copyright
compliance, legality or decency of material contained in or accessed through
the Site. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS,
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW
LONG
AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LINKS
The Services may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because Sunbird Management has no control over such sites and
resources, you acknowledge and agree that Sunbird Management is not responsible for the
availability of such external sites or resources, and does not endorse and is
not responsible or liable for any Content, advertising, products or other
materials on or available from such sites or resources. You further
acknowledge and agree that Sunbird Management shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Sunbird Management OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT,
TORT, STRICT
LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE
SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS
OR
SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN
THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS
MAY NOT APPLY TO YOU.
TERMINATION
Sunbird Management may terminate or suspend any and all Services and your Sunbird Management
account
immediately, without prior notice or liability, if you breach any of the terms
or conditions of the Terms of Use. Upon termination of your account, your
right to use the Services will immediately cease. If you wish to terminate
your Sunbird Management account, you may simply discontinue using the Services. All
provisions of the Terms of Use which by their nature should survive
termination shall survive termination, including, without limitation,
ownership provisions, warranty disclaimers, indemnity and limitations of
liability.
MISCELLANEOUS
No agency, partnership, joint venture, or employment is created as a result of
the Terms of Use and you do not have any authority of any kind to bind Sunbird Management in
any respect whatsoever. The failure of either party to exercise in any respect
any right provided for herein shall not be deemed a waiver of any further
rights hereunder. Sunbird Management shall not be liable for any failure to perform its
obligations hereunder where such failure results from any cause beyond Sunbird Management's
reasonable control, including, without limitation, mechanical, electronic or
communications failure or degradation (including "line-noise" interference).
If any provision of the Terms of Use is found to be unenforceable or invalid,
that provision shall be limited or eliminated to the minimum extent necessary
so that the Terms of Use shall otherwise remain in full force and effect and
enforceable. The Terms of Use is not assignable, transferable or sublicensable
by you except with Sunbird Management's prior written consent. Sunbird Management may transfer,
assign or
delegate the Terms of Use and its rights and obligations without consent. The
Terms of Use shall be governed by and construed in accordance with the laws of
the state of California, as if made within California between two residents
thereof, and the parties submit to the exclusive jurisdiction of the Superior
Court of San Francisco County and the United States District Court for the
Northern District of California. Notwithstanding the foregoing sentence, (but
without limiting Sunbird Management's right to seek injunctive or other equitable relief in
any court of competent jurisdiction), any disputes arising with respect to
this Agreement shall be referred to an arbitrator affiliated with JAMS. The
arbitrator shall be selected by joint agreement of the parties. In the event
the parties cannot agree on an arbitrator within thirty (30) days of the
initiating party providing the other party with written notice that it plans
to seek arbitration, the parties shall each select an arbitrator affiliated
with JAMS, which arbitrators shall jintly select a third such arbitrator to
resolve the dispute. The written decision of the arbitrator shall be final and
binding on the parties. The arbitration proceeding shall be carried on and
heard in San Francisco, California using the English language and pursuant to
the rules of JAMS. In any action or proceeding to enforce rights under the
Terms of Use, the prevailing party will be entitled to recover costs and
attorneys' fees. Both parties agree that the Terms of Use is the complete and
exclusive statement of the mutual understanding of the parties and supersedes
and cancels all previous written and oral agreements, communications and other
understandings relating to the subject matter of the Terms of Use, and that
all modifications must be in a writing signed by both parties, except as
otherwise provided herein.
TRADEMARKS
Sunbird Management, and other Sunbird Management graphics, logos, designs, page
headers, button icons, scripts, and service names are registered trademarks,
trademarks or trade dress of Sunbird Management in the U.S. and/or other countries. Sunbird Management's
trademarks and trade dress may not be used, including as part of trademarks
and/or as part of domain names, in connection with any product or service in
any manner that is likely to cause confusion. The images and icons available
in the Sunbird Management icon pack may used by partner and third party sites in connection
with providing appropriate "Sunbird Management This" and "Submit to Sunbird Management" links to the Sunbird Management
site.
You can buy advertising on NewsFromTheAsylum through our advertising partner Sunbird Management Contact
Get Sunbird Management hats, shirts, hoodies, and more at the new Sunbird Management Store,
© Sunbird Management 2007 — User-posted content, unless source quoted, is licensed under
a Creative Commons Public Domain License.
Sunbird Management graphics, logos, designs, page headers,
button icons, scripts, and other service names are the trademarks of Sunbird Management.
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