Terms and Conditions
All Users must read the Terms and Conditions set out below before
accessing and using this Web Site. By accessing and using this Web Site
you agree to be bound by the Terms and Conditions set out below. If you
do not wish to be bound by these Terms and Conditions you should not
access or use the Web Site.
1. Definitions
"Agreement" means these terms and conditions, which you agree to be
bound by when you use this Web Site. "Disclosed Information" means any
and all information, data and details entered by you, the User.
"Information" means any and all material contained in this Web Site
which is delivered by or on behalf of Ed Balls. "User" means you. "Web
Site" means this Ed Balls, the web site at http://www.Ed Balls and any
other web site managed or maintained by eMedia Solutions.
2. Rights
The Information contained on this Web Site is the property of Ed
Balls, his associates, assignees, licensees or sub-licensees thereof.
The copyright in the text, artwork, graphics and images on the Web Site
is owned by Ed Balls except where indicated otherwise.
3. Warranties
The User undertakes:
(a) that they will only view the Information for their own private
purpose and it will not publish, reproduce, store or retransmit any of
the Information contained in the Web Site;
(b) acknowledges and understands the exclusion of liability and disclaimer provisions contained in Clause 4;
(c) not to use the Information or the Disclosed Information for any unlawful or unauthorised purpose;
(d) that it shall not use or interfere with the Web Site, the
Information or the Disclosed Information other than in accordance with
this Agreement and without limitation in such a way so that all or part
of the Web Site, the Information or the Disclosed Information is or
could be interrupted, reproduced, stored, retransmitted, published,
damaged, rendered less efficient, corrupted or in anyway impaired;
(e) not to use the Web Site, the Information or the Disclosed
Information in any manner which constitutes an infringement of any
third party rights (including but not limited to rights of copyright
trade mark or confidentiality);
(f) that it shall not use the Web Site to transmit any material for the
purposes of publicity, promotion and/or advertising without the prior
written consent of Ed Balls;
(g) that in the event it has any right, claim, or action against any
other User or other third party arising out of the use of the Web Site
it shall pursue such right, claim or action independently of and
without recourse to Ed Balls;
(h) that all intellectual property rights (including without limitation
copyright, trade marks and all other rights) whatsoever in the
Information and the Web Site shall remain vested in Ed Balls at all
times;
(i) and acknowledges that Ed Balls has no obligation to provide the Web
Site or any Information or to ensure the User is able to use provide
and/or access the Information, the Disclosed Information and the Web
Site;
(j) to indemnify and keep indemnified Ed Balls against all claims,
liabilities, damages, costs and expenses including legal fees (on a
solicitor and own client basis) arising out of any breach or misuse of
the Information, the Disclosed Information, the Web Site or of the
User's obligations under this Agreement.
4. Exclusion of Liability/Disclaimer
4.1 Ed Balls provides the Web Site and the Information on an "as is"
basis and makes no warranty or representation about the availability,
completeness, accuracy, satisfactory quality, merchantability and/or
fitness of the same for a particular purpose. The advertisers and the
advertisements have not been checked by Ed Balls and any information
submitted or any reliance placed on the same is entirely at the risk of
the User.
4.2 Further, Ed Balls makes no warranty or representation about;
(a) the reliability or technical efficiency of the Web Site;
(b) the security measures (if any) contained in the Web Site and in
particular the protection afforded to any Information, Disclosed
Information or other information and data;
(c) the suitability of the advertisements on the Web Site or the other web sites which may be accessible from the Web Site;
4.3 Ed Balls excludes all liability (so far as is permitted by law) in respect of ;
(a) any advertisements or other web sites which can be accessed via the Web Site;
(b) any opinions and expressions made by third parties which can be
accessed via the Web Site or which are contained in the Information and
the Disclosed Information;
(c) any damage to the User, the Users' computer hardware, software or
other material or equipment resulting from the User accessing or using
the Web Site, the Information or the Disclosed Information;
5. Termination
Ed Balls shall have the right to terminate this Agreement and/or
suspend or terminate the Information, the Disclosed Information and the
Web Site immediately and without notice to the User. In the event of
termination or suspension the warranties and obligations of the User
shall continue to apply beyond the lifetime of this Agreement.
6. Amendments to Terms and Conditions
Ed Balls reserves the right to change and amend these Terms
and Conditions from time to time. The Users continued use or access of
the Web Site after such change or amendment shall be deemed to confirm
the User's acceptance of any such change or amendment. It is the User's
responsibility to check these Terms and Conditions regularly to
determine whether any such amendment has been made. If the User does
not wish to be bound by any revised Terms and Conditions it should stop
using and accessing the Web Site.
7. Confidentiality
The User undertakes with Ed Balls that it will treat as
confidential the terms of this Agreement together with all information
(including without limitation the Disclosed Information and the
Information) whether of a technical or commercial nature or otherwise
relating in any manner to the business or affairs of Ed Balls as may be
communicated to it hereunder or otherwise in connection with
this Agreement (including without limitation in connection with
accessing the Web Site, the Information and the Disclosed Information)
and will not disclose such information to any person firm or company
(other than to its auditors and other professional advisers and as part
of its normal reporting or review procedure to its parent company or
the shareholders in its parent company as the case may be) or to the
media and will not use such information other than for purposes of this
Agreement subject always to any prior specific authorisation in writing
by Ed Balls of such disclosure or use. This obligation shall
endure beyond the termination of this Agreement without limit in point
in time except and until any confidential information enters the public
domain otherwise than through default of the party receiving the same.
8. Severability
If any provision of this Agreement shall be prohibited by or
adjudged by a Court to be unlawful void or unenforceable such provision
shall to the extent required be severed from this Agreement and
rendered ineffective as far as possible without modifying the remaining
provisions of this Agreement and shall not in any way affect any other
circumstances or the validity or enforcement of this Agreement.
9. No Waiver
No failure or delay on the part of any of the parties to this
Agreement relating to the exercise of any right power privilege or
remedy provided under this Agreement shall operate as a waiver of such
right power privilege or remedy or as a waiver of any preceding or
succeeding breach by the other party to this Agreement.
10. Assignment
Ed Balls may freely charge licence transfer assign or otherwise
dispose of any of its rights or obligations hereunder. The User shall
not be entitled to charge license transfer assign or otherwise dispose
of any of its rights or obligations hereunder without the prior written
consent from Ed Balls.
11. Entire Agreement
This Agreement contains the full and complete understanding between
the parties and supersedes all prior arrangements and understandings
whether written or oral appertaining to the subject matter of this
Agreement and may not be varied except by an instrument in writing
signed by all of the parties to this Agreement.
12. Jurisdiction
This Agreement shall be governed by and construed in accordance with
the laws of England and Wales the courts of which shall alone be the
courts of competent jurisdiction.
© Ed Balls 2005. All persons using this site are deemed to be bound by the Terms and Conditions.
For more information about Ed Balls send us an email
