Terms of Use

BACKGROUND:

This agreement applies as between you, the User of this Website and Blue Borrowed New, the owner(s) of this Website.  Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

  1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

“Article”

means an article on this Website;

“Comment”

means a comment posted on an Article by a User;

Content

means any Articles, text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

Blue Borrowed New

means Blue Borrowed New,London

Service

means collectively any online facilities, tools, services or information that Blue Borrowed New makes available through the Website either now or in the future;

System

means any online communications infrastructure that Blue Borrowed New makes available through the Website either now or in the future;

“User” / “Users”

means any third party that accesses the Website and is not employed by Blue Borrowed New; and

“Website”

means the website that you are currently using (http://www.blueborrowednew.com and any sub-domains of this site (e.g. subdomain. blueborrowednew.com unless expressly excluded by their own terms and conditions.

 

  1. Intellectual Property

2.1              Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Blue Borrowed New, or our affiliates.  By continuing to use the Website you acknowledge that such material is protected by applicableUnited Kingdomand International intellectual property and other laws.

2.2              You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website as specified in Clause 4 of these Terms and Conditions and for personal or educational purposes only unless otherwise indicated on the Website or unless given express written permission to do so by Blue Borrowed New.  Specifically you agree that:

2.2.1        You will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Blue Borrowed New.

  1. 3.                  Third Party Intellectual Property

3.1              The Intellectual Property Rights subsisting in Comments belong to the Users who posted those Comments unless it is expressly stated otherwise.

3.2              Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties.

3.3              The Content described in this Clause 3, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Website.  The exceptions in Clause 4 continue to apply.

  1. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in ChapterIIIof the Copyright Designs and Patents Act 1988 apply.

  1. Links to Other Websites

This Website may contain links to other websites.  Unless expressly stated, these sites are not under the control of Blue Borrowed New or that of our affiliates.  We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

  1. Links to this Website

6.1               Those wishing to place a link to this Website on other sites may place a link to the home page of the site http://www.blueborrowednew.com or to specific Articles either manually or using the sharing tools provided without prior permission.

  1. Posting Comments

7.1              When posting a Comment on an Article you should do so in accordance with the following rules:

7.1.1        you must not use obscene or vulgar language;

7.1.2        your Comment may not contain Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

7.1.3        your Comment may not contain Content that is intended to promote or incite violence;

7.1.4        your Comment should be honest and fair, should not make any unsubstantiated or unsupportable claims, and should not unreasonably criticise other Comments or Users;

7.1.5        Comments must be made using the English language(s).  Content in any other language may be removed at our sole discretion;

7.1.6        your Comment may not infringe the intellectual property rights of any third party including, but not limited to, copyright and trade marks;

7.1.7        you must not post links to other Websites containing any of the above types of Content;

7.1.8        the means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

7.1.9        you must not impersonate other people or businesses;

7.1.10    you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and

7.1.11    you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

7.2              You acknowledge that Blue Borrowed New shall screen, approve (or reject), edit and/or remove any Comment posted to the Website.

 

7.3              Blue Borrowed New may edit your Comment to comply with the provisions of sub-Clause 7.1 without prior consultation.  In cases of severe breaches of the provisions of sub-Clause 7.1, your Comment may be removed and your Account may be suspended or terminated.  You will not be informed in writing of the reasons for any such alterations or removals.

7.4              In order to post a Comment, you are required to submit certain personal details.  By continuing to use this Website you represent and warrant that:

7.4.1        any information you submit is accurate and truthful; and

7.4.2        you will keep this information accurate and up-to-date.

7.5              By posting a Comment you warrant and represent that you are the author of that Comment or that you have acquired all of the appropriate rights and / or permissions to post it.  Blue Borrowed New accepts no responsibility or liability for any infringement of third party rights by such Comments or Content. Further, you waive all moral rights in the Comment to be named as its author and grant Blue Borrowed New a perpetual licence to modify the Content as necessary for its inclusion on the Website.

7.6              Blue Borrowed New will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Comments, nor for any errors or omissions therein.  Use of and reliance upon Comments is entirely at your own risk.

7.7              Nothing in these Terms and Conditions shall grant Blue Borrowed New any rights in or to any trade marks or any other intellectual property rights contained within your Comment or any part of it save for the right to display the same on the Website as part of your Comment until you or Blue Borrowed New choose to remove that Comment.

7.8              You acknowledge that Blue Borrowed New may retain copies of any and all communications, information, Content and Comments sent to us or submitted to the Website.

 

  1. Advertising

8.1              Certain pages on this Website display third party advertising.  Blue Borrowed New has neither control over, nor involvement in, any third party advertising or the products and/or services featured therein.

8.2              Unless it is expressly stated (for reasons including, but not limited to, sponsorship), no advertising shall be taken as an endorsement by Blue Borrowed New of the products, services or any party associated therewith featured in advertising.

8.3              Where any advertising utilises cookies or similar technological means to gather data, it shall be governed by our Privacy Policy as set out in Clause 9.

  1. Privacy

9.1           Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference.  To view the Privacy Policy, please click on the link above.

  1. Disclaimers

10.1          Blue Borrowed New makes no warranty or representation that the Website or the Articles therein will meet your requirements, that they will be of satisfactory quality, that they will be fit for a particular purpose, that they will not infringe the rights of third parties, that they will be compatible with all systems, or that they will be secure.

10.2          The opinions expressed in Articles are those of their authors and do not represent the opinions of Blue Borrowed New.

10.3          Save for the screening and approval of Comments, Blue Borrowed New has neither control over, nor involvement in, any Comments and accepts no responsibility for any actions taken by any Users.

10.4          The opinions expressed in Comments are those of the authors of those Comments and do not represent the opinions of Blue Borrowed New.

10.5          Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date Blue Borrowed New makes no warranty or representation that this is the case.  We make no guarantee of any specific results from the use of our services.

10.6          No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

10.7          Blue Borrowed New makes no representation or warranty that any part of this Website is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.

10.8          Whilst every effort has been made to ensure that all descriptions of services available from Blue Borrowed New correspond to the actual services available, Blue Borrowed New is not responsible for any variations from these descriptions.

10.9          Whilst Blue Borrowed New uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

  1. Availability of the Website and Modifications

11.1          The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

11.2          Blue Borrowed New accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to,ISPequipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

11.3          Blue Borrowed New reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available.  These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

  1. Limitation of Liability

12.1          To the maximum extent permitted by law, Blue Borrowed New accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

12.2          Nothing in these terms and conditions excludes or restricts Blue Borrowed New’s liability for death or personal injury resulting from any negligence or fraud on the part of Blue Borrowed New.

12.3          Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

  1. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

  1. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

  1. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party.  The agreement created by these Terms and Conditions is between you and Blue Borrowed New.

  1. Communications

16.1          All notices / communications shall be given to us by email to hello@blueborrowednew.com  Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

16.2          Blue Borrowed New may from time to time send you information about our products and/or services.  If you do not wish to receive such information, please click on the “Unsubscribe” link in any email you receive from us.

  1. Law and Jurisdiction

These terms and conditions and the relationship between you Blue Borrowed New shall be governed by and construed in accordance with the Law of England andWalesand Blue Borrowed New and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.