Please read the following Terms of Use before using the CentralVision website:
Coventry, Solihull and Warwickshire Partnership Ltd trading as “CentralVision” 1st Floor Tower Court Courtaulds Way Coventry CV6 5QT (“we”, “us”)
VAT number 646923902.
www.centralvision.tv is a website operated by us (our “Website”). We are registered in England and Wales under company number 02960454 and we have our registered office at:-
Coventry, Solihull and Warwickshire Partnership Limited,
1st Floor,
Tower Court,
Courtaulds Way,
Coventry,
West Midlands.
CV6 5QT.
Company No: 02960454
If you are viewing this Website at www.centralvision.tv you are a 'Visitor'. You may use the facilities of a Visitor subject to these Terms of Use.
Please read these Termsof Usecarefully before you start to use the Website. By using our Website you indicate that you accept these Termsof Useand that you agree to abide by them. If you do not agree please refrain from using our Website.
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Accessing our Website
- 1.1 In consideration of our making the Website available to you, access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide on our Website without notice.
- 1.2 Our Website will contain a number of Channels. From time to time we may withdraw one or more Channels without notice or restrict access to certain Channels, some part or facility of our Website, or our entire Website. We may suspend access to our Website, or close it indefinitely.
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Intellectual property rights
- 2.1 The trading names, images and logos of ourselves or third parties are subject to copyright, design rights and trade marks of either ourselves or third parties. Unless the same is expressly stated, nothing in these Terms of Use shall operate so as to confer any licence or right to use any trade mark, design right or copyright to any other third party.
- 2.2 All works which appear as Content or which appear in any Programme are protected by copyright laws and treaties around the world. All such rights are reserved.
- 2.3 If you wish to obtain any license or permission to use Content or any Programme or Programmes or require information about what uses may be permitted contact us with your query.
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The Rules about reproduction of our Programmes
- 3.1 On our Website we will broadcast Programmes including advertisements. Some Programmes will be live broadcasts and others will be pre-recorded. When you view certain types of Programme, our Website may store that Programme or part of it as a temporary file on the computer you are using. You may keep that temporary file or a copy of that file in order to reproduce the Programme represented in that file subject to compliance with the 'Rules' that follow below.
- 3.2 The Rules:
- (a) You may only use our Website, any Content or any Programme or part of a Programme for lawful purposes.
- (b) You may not use any Content, any Programme or part of any Content of Programme for commercial purposes unless first obtaining a licence to do so from us or our licensors.
- (c) You may not display Content, a Programme or any part of Content or a Programme for any payment or other consideration or as part of any service provided by you for payment or other consideration unless you have first received our written consent or the written consent of any person entitled to give such consent.
- (d) You may not create a derivative work from any Programme or Content nor may you extract any materials data or other information derived from any Content (whether by altering, copying or reproducing any such material or by converting it into a different format or reproducing it in another media) in order to display it for payment or other consideration or for any commercial purpose.
- (e) Display must be of a Programme as it was broadcast or, if the Programme is to be displayed in part, that part must be displayed as it was broadcast.
- (f) You may not display any Programme or part of a Programme or any edited version of the Programme in circumstances where the display of it either by itself or when displayed with other material may lead to a Prohibited Outcome:
- (g) Other than when displaying a Programme as broadcast, or in accordance with Rule (c) you may not display any logos, designs, trade marks or trade names that appear in any Content or any Programme.
- (h) You must not display a Programme or any part of it in circumstances where any attributions or acknowledgements which were present in the Programme as broadcast are misrepresented, removed, deleted, or otherwise rendered unintelligible.
- 3.3 For the purposes of these Rules, it will not be a 'display for payment or other consideration' if the display is incidental to the services for which payment is receivable although this may amount to a 'display for a commercial purpose'.
- 3.4 If you breach any of the Rules, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of any Content or Programmes (or any parts thereof) you have made.
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Exclusions and Limitations on Liability
- 4.1 All information which may be present in any Content or any Programme on our Website is made available without any guarantees, conditions or warranties by us as to accuracy.
- 4.2 Persons who upload Content to the Website do so at their own risk and to the extent permitted by law will be liable to any party who relies upon any information within that Content. A person whose Content causes any loss or damage to us, whether resulting from any investigation, penalty, fine, claim for damages, costs, interest or any other liability whatsoever shall indemnify us against any such event.
- 4.3 None of our Content of the Website is intended to amount to advice given by us and you should not rely upon any information contained therein.
- 4.4 We are not responsible for the availability or content of any third party websites that are accessible through our Website.
- 4.5 A Programme broadcast through our Website may be intended by the Programme maker to amount to advice on a particular subject. In such an event any reliance placed on that advice is at your own risk and will be a matter between you and the party who is responsible for the content of the Programme.
- 4.6 The views expressed in any Content or Programme are not our views unless specifically stated.
- 4.7 Programme schedules and information may be subject to change without notice. Information about Programmes is not guaranteed to be accurate and may not adequately summarise the contents of the Programme.
- 4.8 Any information contained in any Content or in a Programme may be out of date at any given time, and we are under no obligation to update such information or to warn that such information is out of date.
- 4.9 To the extent permitted by the law, we shall not be liable for any direct or indirect loss including any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, loss of opportunity, or for damages, penalties, interests or for costs or expenses howsoever the same may arise or accrue, whether under any duty at law, or under any contract or in equity:
- (a) for any consequence arising from reliance by any person on information contained in or derived from Content or any Programme or Programme schedule or information or for any third party website that may be accessible by means of any link from our website; or
- (b) incurred by any Visitor in connection with the use, inability to use, or results of the use of our Website, any Content or Programme available on it.
- 4.10 Further to and additional to the provisions set out above to the extent permitted by law we and third parties connected to us hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or equity.
- 4.11 Nothing in these Terms of Use shall be taken to affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
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Our Website and availability of Content or Programmes
- 5.1 We aim to update our Website regularly, and may change the Content at any time or add or take down Channels. Programmes may be rescheduled without warning or not broadcast at all.
- 5.2 We do not guarantee that the Website will always be accessible or functioning as we intend.
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Information about you and your visits to our Website
- 6.1 We process information about you in accordance with our Privacy Policy. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.
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Posting or Uploading material to our Website
- 7.1 Any person who uploads or posts Content onto the Website must comply with the Content Standards set out in our Acceptable Use Policy.
- 7.2 You agree that we will not be responsible for, or liable to any third party for, the content or accuracy of any Content posted by you. You warrant that any such posted Content will comply with the Content Standards set out in our Acceptable Use Policy and you agree to indemnify us for any breach of that warranty.
- 7.3 Any Content uploaded or posted to our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such Content or part of it for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
- 7.4 We shall have the right to remove any Content posted by you from our Website if, in our opinion, such material does not comply with the Content Standards set out in our Acceptable Use Policy.
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Viruses, hacking and other offences
- 8.1 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.
- 8.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
- 8.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
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Linking to our Website and Embedding
- 9.1 You may link to our Channels or Programmes or part of Programmes provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- 9.2 You must not establish a link to any Channel or Programme or part of a Programme from any website that is not owned by you.
- 9.3 The website from which you are to linking a Channel, Programme or part of a Programme must comply in all respects with the Content Standards set out in our Acceptable Use Policy.
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Links from our Website
- 10.1 Where our Website contains links to other Websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those Websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
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Jurisdiction and applicable law
- 11.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
- 11.2 These Terms of Use are governed by English law.
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Variations
- 12.1 We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Website.
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Definitions used in these Terms of Use
- 13.1 The following terms shall have the meanings shown:
- (a) 'Acceptable Use Policy' means the document of that title as made available from this website;
- (b) 'broadcast' means the making available by us of a Programme through our Website.
- (c) 'Content' means all that material which may be seen or listened to through our Website but which is not a Programme.
- (d) 'Content Standards' means that part of the Acceptable Use Policy bearing this title.
- (e) 'display' means the making available by you of any Content Programme or Programmes or part of any Content Programme or Programmes to any person or persons by any means and whether it is reproduced as broadcast or not.
- (f) 'edit' shall be any altering, amending, copying, deleting, decompiling or disassembling of any Programme or part of a Programme broadcast by us or the doing of any combination of these things and shall include the altering of computer software in which any Programme is represented.
- (g) 'Programme' means a radio or television performance or production.
- (h) 'Prohibited Outcome' means the following:
- (i) a person or business is defamed;
- (ii) the goodwill, interests or reputation of any person or business are damaged;
- (iii) the breach of any rights of a third party in their intellectual property;
- (iv) an offence is committed contrary to the laws of England & Wales.
- 13.1 The following terms shall have the meanings shown:
'Terms of Use' last updated 16/03/2009
