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Site Terms and Conditions of Use  

Privacy Policy  

Site Terms and Conditions of Use

Please read these terms and conditions carefully, they contain important information about your rights and obligations.

Introduction

1.1 Please read these terms and conditions carefully before using the web site operated by EssexNightClubs ("EssexNightClubs", "we" or "us"). In particular, we draw your attention to Section 7 (Liability). By accessing or using EssexNightClubs's site ("our web site") you agree to be legally bound by these terms and conditions as they may be modified and posted from time to time. If you do not wish to be bound by these terms and conditions then please do not use our web site.

1.2 Without prejudice to the above, by using our web site, you accept and agree to these terms and conditions of use as they apply to your use of our web site.

Nature of Our Web Site

2.1 Our web site allows browsing and/or access to a large number of on-line services and resources (such as club listings and information, links to club's home pages, news reviews and gossip). Unless otherwise stated, any new features that augment or enhance the current services offered through our web site, including the release of new services, will be subject to these terms and conditions.

2.2 Please note that the contents of our web site are aimed at users aged 18 and above.

Modifications to Offering

We reserve the right to alter, suspend or discontinue any aspect of our web site or the content or services available through it, including your access to it (or any part of it) and we reserve the right to refuse to accept applications for registration and to terminate registrations at any time. Unless explicitly stated any new features including new content, the release of new services, software tools or resources shall be subject to these terms and conditions.

Information you provide

4.1 The following applies to any information you provide to us, for example during any registration process or as part of using any service offered on our web site:

You authorise us to use, store or otherwise process any personal information including but not limited to your name and address to the extent reasonably necessary for us, members of our group companies, associates, service providers or our sub-contractors to provide the services which are available through our web site.

In order that we can provide the best service for you, if you use certain services on our web site or provide information to us in any way (for example by completing any questionnaires or sending us personal correspondence such as e-mails or letters) then we may collect and store such information (for example about your buying behaviour), into a file specific to you and use it to provide certain services to you (together, the various purposes set out in this paragraph shall be known as "the Purposes").

All such information collected by us shall be referred to in these terms and conditions as "Personal Information". You must ensure that the Personal Information you provide is accurate and complete and that all registration details (where applicable) contain your correct name, postcode and other requested details and you agree to promptly update your Personal Information to keep it accurate and complete.

For more information about how we deal with your Personal Information, please read our privacy policy.

4.2 By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. You also agree that the Purposes for the processing may be amended to include other uses or disclosures of Personal Information following notification to you by means of a notice on our web site. If you would like to review or modify any part of your Personal Information then you should email us at:

Contact Page

4.3 Subject to clause 4.5 below, in addition, the following also applies to all game and questionnaire answers ("Private Content") and all messages, e-mails, bulletin boards postings, text messages, ideas, suggestions, concepts or other material or information submitted by you to us ("Public Content") (together, "Content"):

You must own or have the right to submit Content for publication on our web site;

You must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person;

You must ensure that all Content submitted to us does not contain any unsolicited or unauthorised advertising, promotional materials, "spam", "junk mail", "pyramid schemes", "chain letters" or any other form of solicitations;

You must ensure that all Content submitted to us does not contain any software viruses, or any other computer code, programs or files designed to interrupt, destroy or limit the functionality of any telecommunications equipment or any computer software or hardware;

You acknowledge that EssexNightClubs does not pre-screen Content, but that we, members of our group of companies and our associates have the right (but not the obligation) to monitor Content and may edit, reject or remove Content if we believe it does not comply with these terms and conditions or is otherwise in our opinion objectionable and, in particular, we reserve the right to block incoming e-mails and other Content if we believe that their content is or may be inappropriate or otherwise does not comply with the above.

4.4 Subject to clause 4.5 below, you grant us a non-exclusive, irrevocable, royalty free, world-wide licence to publish all Content which you submit to us except any portion of the Public Content which is Personal Information.

You have sole responsibility for the Content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) ("Losses") however caused suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us.

4.5 In respect of any photographs taken by you and either processed by you and sent to us or processed by or on behalf of us, you assign (by way of present assignment of future rights if such photographs have not yet been taken) all rights in the photographs to us with full title guarantee and we shall be permitted to use such photographs in any manner we see fit. You agree to indemnify us against all Losses however arising out of or in connection with the use by us of such photographs.

4.6 You agree not to use our web site or the services provided under it to:

Intentionally or unintentionally violate any applicable national or international law, including but not limited to the UK Data Protection Act 2001;

Defame, abuse, threaten, stalk, harass other users or otherwise violate the rights of others;

Collect, store or distribute personal data about other users without their consent;

Engage in commercial activities;

Disrupt or interfere with our web site or the servers or networks connected to our web site or interfere with another user's use or enjoyment of our web site or the services we offer on our web site.

Security

You are solely responsible in all respects for all use of and for protecting the confidentiality of any email verification number, email address or password or any similar data or information which may be given to you or selected by you for use on any part of our web site. You may not share these with or transfer them to any third parties. You must notify EssexNightClubs immediately of any unauthorised use of them or any other breach of security regarding our web site, which comes to your attention.

Applicability of Online Materials

6.1 Unless otherwise specified the materials published on our web site are presented solely for your private, personal and non-commercial use.

6.2 Our web site is controlled and operated by us from our offices in Essex. Where content published on the web site, including but not limited to club information and other content supplied by third parties, you understand that we do not control or endorse such content in any way. All such content which is offered by third parties, is published in good faith but EssexNightClubs does not in any circumstances accept responsibility for the accuracy, integrity or otherwise of such content published (on or off-line) and the use of such content. You understand that by using our web site and the services offered on it, you may be exposed to Content that is offensive, indecent or objectionable. You assume total responsibility and risk for your use of our web site and use of all information contained within it.

We have used all reasonable endeavours to ensure that our web site complies with UK law. However, we make no representations that the materials on our web site are appropriate or available for use in locations outside the United Kingdom.

Liability

7.1 We will do our best to ensure that all materials and information published [by us] on our web site are accurate, but please note that all materials and information on our web site are provided on an "as is" basis.

We do not make any express or implied warranties included but not limited to warranties of title, fitness for a particular purpose and satisfactory quality, representations or endorsements whatsoever with regard to our web site or any information or service provided through our web site.

We accept no liability for any loss or damage of any nature whatsoever and howsoever arising (except where we have been negligent) out of or in connection with the viewing, use or performance of our web site or any service on it or its contents, including (without limitation) use of and/or reliance on any information provided by us, whether due to inaccuracy, error, omission or any other cause and whether on the part of EssexNightClubs or our servants, agents or any other person.

Where we are liable, our liability shall be limited to the amount of registration fees actually paid by you.

7.2 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our web site and is compatible with our web site. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our web site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

7.3 You are solely responsible for your own interactions with other users of our site and you assume total responsibility and risk for your use of our web site, the services offered on it and the use of all information contained within it. It is possible for other users to obtain and misuse information about you as a result of your use of certain available on our web site and we shall have no liability to you arising out of any misuse of information and/or other material (unless such misuse is carried out by EssexNightClubs or any of its employees) posted by you on our web site.

Copyright and Monitoring

The contents of our web site are protected by international copyright laws and other intellectual property rights. The owner of these rights is EssexNightClubs or other third party licensors. All product and company names and logos mentioned in our web site may be the trade marks, service marks or trading names of their respective owners, including us. You may not modify, copy, reproduce, record, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our web site including but not limited to text, graphics, photographs, video, messages, code and/or software without our prior written consent except in order to complete any form or questionnaire contained on our web site.

Linked Sites

EssexNightClubs make no representations whatsoever about any other web sites which you may access through our web site or which may link to our web site. When you access any other web site you understand that it is independent from EssexNightClubs and that we have no control over the content or availability of that web site. In addition, a link to any other site does not mean that EssexNightClubs endorses or accepts any responsibility for the content, or the use of, such a web site and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its respective site administrator or web master.

Availability of our web site

We will try to make our web site available but cannot guarantee that our web site will operate continuously or without interruptions or be error free. You must not attempt to interfere with the proper working of our web site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, web site, router or any other internet connected device.

Purchases and Payment Procedure

While you can use and access much of our web site free of charge, from time to time goods or services may be offered on our web site, which are not free. When you purchase any such goods or services through our web site you will be charged certain amounts before you are provided with such goods or services. Details of such charges are set out on our web site and payment will be in accordance with the procedure set out in our web site. You undertake that all details you provide to us for the purpose of purchasing any goods or services which may be offered by us on our web site will be correct, that the credit or debit card which you use is your own and that there are sufficient funds to cover the cost of any evaluation or feedback, goods or services. We reserve the right to obtain validation of your credit or debit card details before providing you with any evaluation or feedback. If goods or products are offered on our website by a third party then the terms and contained of that third party shall apply and we shall have no liability in respect of the same.

General

12.1 We may assign or subcontract any or all of our rights and obligations under these terms and conditions.

12.2 We may alter these terms and conditions from time to time and post the new version on our web site, following which all use of our web site will be governed by that version.

following which all use of our web site will be governed by that version.

12.3 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from them and shall be deemed to be deleted from them.

12.4 These terms and conditions and your use of our web site are governed by English law and you submit to the non-exclusive jurisdiction of the English court.

Notices

All notices shall be given by e-mail to EssexNightClubs at

Contact Page

or to you at either the e-mail or postal address you provide during any registration process or use of any service available on our web site. Notice will be deemed received 24 hours after an e-mail is sent or 3 days after the date of posting.

Ticketing and Admission

Where EssexNightClubs and/or its partner companies provide ticketing or guest list entry to participating venues, such tickets and entry are subject to the usual conditions of attendence, which include the venues' rights to refuse admission to anybody inappropriately attired or demeanoured, at the sole discretion of the venue management. EssexNightClubs will enter into no correspondence regarding refused admission.

Competitions

Where EssexNightClubs, either in conjunction with its partner companies or acting as a sole agent, provides competitions on this web site or in-venue, unless notice is otherwise given, the follow terms and conditions will apply.

1. Only one entry per user throughout the entire competition period.

2. The editor's decision on the winner or winners is final.

3. No correspondence will be entered into.

4. The prize this month is solely what is detailed in the competition press release, and is entirely non-negotiable. We reserve the right to offer a prize of similar value or quality in the event that we are unable to offer the original prize.

5. There is no cash alternative to the prize.

6. Employees of EssexNightClubs or any of its affiliate companies are not eligible to enter.

7. During ongoing competitions yielding multiple winners over a period of time, we reserve the right to vary the prize on offer from winner to winner.

8. EssexNightClubs reserves the right to withdraw any competition at any time.

9. Within the jurisdiction of any one competition, any user who wins on one occasion will not be eligible for entry into subsequent draws.

10. Multiple entries will be disqualified.

11. A list of winners is available on request from EssexNightClubs.

Your Privacy

The nature of our web site means that we may obtain, use and disclose (together "Use") certain Personal Information for the purposes set out in our web site terms and conditions.

For example, we may need your contact details for registration purposes and you may also need to provide various other personal details as part of completing any form or questionnaire or to use part of the services offered on our web site. This statement, as it may be modified and posted from time to time, sets out the principles governing our Use of your Personal Information on our web site. By using our web site you agree to this Use. Defined terms have the same meanings as in our web site terms and conditions.

1. When you register and/or use certain aspects of the service offered on our web site you will need to provide certain personal information such as your contact details, DOB, age, mobile telephone number, email address. We will store this personal information and use it to contact you, conclude any sales and otherwise for the normal use and improvement of our web site and the services offered on our web site and for the Purposes. Where you provide your details to us for a certain service offered on our web site, you consent to us passing on certain information to other users of that service in accordance with the information posted on our site explaining how such service will work. If you would like to review or modify any part of your personal information then you should email us at:

Contact Page

2. We may transfer or disclose Personal Information to other companies (including those outside the European Economic Area), to our professional advisers and to such other parties as we consider necessary, in the administration of our web site, EssexNightClubs and our related business or if required to disclose such information by law.

3. We may also use the Personal Information, and similar Personal Information you may provide us in response to any user surveys which you complete, to aggregate user profiles and, unless you opt out by contacting us as described in 9 below, to send you information about new products and services which we think may interest you. In future, we may also pass your Personal Information to our business associates, service providers and members of our group companies (including those outside the European Economic Area) who may contact you with details of products or services which may interest you, but you can always tell us not to do this by contacting us as described in 9 below.

4. To enable us to monitor and improve our web site, we gather certain aggregated information about you when you use it, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of our web site you visit.

5. We may aggregate statistics, traffic patterns and related site information and disclose such aggregate data to third parties for marketing, advertising or other promotional purposes but such aggregate data will not include any Personal Information.

6. Certain non-personal information of visitors to our web site is recorded by the standard operation of our servers, including but without limitation, the URL that you just came from, which URL you next go to, what browser you are using and your IP address. Such information is primarily used to provide an enhanced on-line experience for the visitor.

7. A cookie is a small file, which is stored by our browser on your computer's hard drive. We use cookies only to store information such as your user ID and your session identifiers and password. We do not store other Personal Information such as passwords, preferences, etc. in cookie files. We will only read cookies from the cookie file placed there through your browser's interaction with our web site.

8. Whilst we will take all reasonable steps to protect your Personal Information, we cannot guarantee the security of any Personal Information you disclose online. You accept the inherent security implications of dealing on-line over the internet and will not hold us responsible for any breach of security unless we have been negligent or in wilful default.



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