Terms of Service

This agreement was last updated on 17 September 2009.

By proceeding beyond this point you agree as follows:

1 Parties

This agreement is made between you ("You", "Your", "User") and CenSta Limited a limited company with registered number 363642 whose registered office is at City Point 2, 25 Tyndrum Street, Glasgow G4 0JY ("the Company", "Us", "Our").

2 Definitions

"Commercial Enterprise" means any organisation in the business of trading in or promoting UGC created by third parties;

"Community Guidelines" means the community guidelines (whether listed together or separately) displayed in any part of the Website from time to time concerning etiquette, protocols and other rules to be observed by Users of the Website including those listed here;

"Operator" means any party engaged by the Company to operate the Website or any part of the Website or its function, including but without limitation any processors;

"Servers" means the servers on which Web Content, UGC, User Messages and User Data may be stored from time to time;

"Share Function" means the function (if any) offered at the Website to allow Users additional access or usage in respect of certain Web Content and/or UGC;

"User" means any end user accessing the Website;

"User Messages" means any text, including but without limitation any posts or messages posted publically anywhere on the Website by the Users but excluding any copyrighted works attached to such text;

"User Data" means any information displayed at or acquired via the Website concerning Users;

"User Generated Content" ("UGC") means any copyrighted work or other protected works, other than User Messages and User Data, which you have uploaded to the Website, including but without limitation images, films, videos, photographs, stills, literary works, sound recordings, logos and artwork.

"Web Content" means all content on the Website other than UGC, User Data and User Messages, whether owned by the Company or other Users, including without limitation software, layout and other constituent elements of the Website.

"Website" means the website the homepage of which is currently found at www.thisiscentralstation.com and any future incarnation of this website and any webpages hosted on behalf of the Company which is accessed from this website in such manner to appear to be part of the website.

3 User Obligations

3.1 You shall not use the Website, Web Content, UGC or User Data in any unlawful manner or in any manner likely to bring the Website or the Company into disrepute.

3.2 You shall not use the Website in any manner likely to injure, offend or become a nuisance to the Company or any User and in particular you shall not send so-called spam emails to any User.

3.3 You shall not sell, republish or otherwise deal with User Data without the written consent of the relevant Users.

3.4 You shall not copy any part of the Web Content without the written consent of the Company and, where Web Content has been posted by another User, the copyright owner of such content.

3.5 You shall not attempt to access any Web Content or UGC that is protected, locked or otherwise not openly accessible nor shall you introduce any virus or other technological harm to the Website, the Servers or to any User.

3.6 If you are a Commercial Enterprise, you may not use the Website for advertising or other explicit business purposes without the Company's written consent.

3.7 You shall observe all relevant Community Guidelines.

3.8 The Company reserves the right to suspend or terminate your membership of the Website at any time without notice.

4 User Data

4.1 The Company may, either by itself or through its Operator, retain all User Data relating to you for the purposes of its own market research and any other lawful use consented to by you. For the avoidance of doubt, the Company shall not supply User Data relating to you to any third party other than its Operators without your permission.

4.2 The Company may in its sole discretion delete any User Data relating to you from the Servers without reference to you.

4.3 You warrant that all User Data supplied by you shall be accurate.

4.4 You are responsible for keeping your password secure and all and any information that you supply to us updated.

4.5 The terms of our Privacy Policy shall be deemed to be incorporated into this agreement.

5 UGC and User Messages

5.1 You grant the Company the irrevocable perpetual right to publish User Messages posted by you on the Website and to attribute those messages as coming from you.

5.2 You grant the Company the right to publish UGC at the Website and to make such content available for use by other Users using the Share Function save that such content may be removed by you upon reasonable notice (which notice shall be no less than any "take down" notice period published at the Website).

5.3 The Company reserves the right to disable or remove from the Website and from the Servers any UGC or User Messages provided by you without notice to you.

5.4 The Company may technically alter UGC for the purposes of including it as a visual feature on the Website for incorporating into any banner, background, mosaic or other such visual feature.  Such alterations shall be only as required for the visual feature, for example, resizing.

5.5 In the event that the Company provides a facility for the sale of UGC this shall be subject to a separate agreement. You shall not otherwise sell or attempt to sell UGC or other goods and services from the Website.

5.6 Any UGC and User Messages uploaded or posted on the Website by you shall, as between you and us, belong to you save for any Web Content that has been co-produced with us, which shall be subject to a separate agreement.

5.7 You shall not upload to the Website any UGC which you do not own without the express written permission of all copyright owners, including any company logos or other indicia.

5.8 You accept that there may be environmental advertising that is displayed contemporaneously with UGC, but the Company shall not embody any advertising within the UGC itself.

5.9 The Company may offer the facility at the Website or via email on an opt-in basis for you to increase the rights granted to the Company.

6 Share Function

All UGC shall be available to Users in accordance with the Usage Policy and you agree that any Web Content or UGC that you use via the Share Function or otherwise shall be used in accordance with our Usage Policy or else by express written permission of the owner and not in any other manner.  "Usage Policy" shall mean the uses and restrictions as set out at the Usage Policy as may be amended from time to time save that any material changes that shall be notified to you.

7 Liability and Indemnity

7.1 Neither the Company nor any director, Operator, subcontractor or employee of the Company shall be liable for any loss caused to you in connection with the Website save in respect of any negligently caused physical injury or death. In particular, the Company makes no warranty as to the accuracy of User Data, User Messages or other Web Content uploaded by Users.

7.2 You warrant that User Messages and/or any UGC posted or uploaded by you shall be owned by you or posted with the consent of the owner, shall not be blasphemous, defamatory, deliberately or recklessly false or otherwise likely to injure or infringe the rights of any person or bring the Website into disrepute and you indemnify the Company for any loss caused to the Company resulting from a breach of this warranty or any other undertaking under this agreement.

7.3 The Company may from time to time have to close or adapt some or all parts of the Website for technical or maintenance reasons or the Website may be wholly or partly inaccessible for reasons beyond the Company's control.  The Company reserves the right to suspend or terminate any part or all of the Website at any time without notice.  The Company shall not be liable for any financial loss cause by the foregoing or by the exercise of its rights under clauses 5.3 or 3.7 or by any unauthorised use of UGC by other Users.

8 Governing Law

The laws of England shall govern this agreement and the English and Scottish Courts shall share exclusive jurisdiction.

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