Friday - 25 July 2008

Terms and Conditions

The Engineer Online including Technology UK .

For Prize Draw terms and conditions please scroll to the end.

INTERPRETATION

In these Terms and Conditions, the following words and phrases shall bear the following meanings:
“The Engineer Online” is a product owned and operated on www.theengineer.co.uk by Centaur Communications Ltd ('Centaur'), whose registered office is at St. Giles House, 50 Poland Street, London, W1F 7AX and a subsidiary of Centaur Media plc.
"Material" means data or information in any format, including without limitation text, images, photographs, graphics, video or sound material whether existing at the time of registration or not, published on www.theengineer.co.uk, whether copyright of the Centaur or of a third party and which is communicated or transmitted to the User in using www.theengineer.co.uk.
“Personal Information” means Personal Data as defined in the Data Protection Act 1998 as amended.
"User" means any person who accesses or uses www.theengineer.co.uk

INTRODUCTION

1. By accessing or using www.theengineer.co.uk the User acknowledges and agrees to be bound by these Terms and Conditions.

2. The User agrees to fully comply with these Terms and Conditions, including the acceptance of liability as detailed in clauses 4, 5 and 11.

3. Each User is allocated a unique user name and password for the authorised use of the User only. These are not transferable, and the User shall keep them strictly confidential and secure. The User should notify Centaur immediately if any unauthorised use comes to its attention.

4. The User shall indemnify Centaur against any unauthorised use of his/her user name and password, including use by a third party where the User has allowed or facilitated that third party to have access to any Material, however so received.

5. The User shall indemnify Centaur against all costs, claims, demands or expenses incurred by or made against Centaur or www.theengineer.co.uk as a result of any breach of these Terms and Conditions or howsoever arising.

Submitting material to The Engineer Online, including Technology UK

6. In order to submit material to The Engineer Online the User must register as a personal user via the unique user name and password at clause 3. The User undertakes not to maliciously create additional registration accounts for the purpose of abusing the functionality of the site, or other users; nor to seek to pass its self off as another user.

7. Centaur reserves the right to prohibit access by person(s) to the www.theengineer.co.uk at its sole discretion at which time the agreement will terminate.

CONDITIONS OF USE

8. Subject to clause 18 the User may download the Material electronically; prints extracts and make copies of these for its own personal and non-commercial use only. This does not include downloading, storing, transmitting, displaying, copying or distributing the Material, or extracts from it, in a structured manner or creating a database in any form comprising all or part of the Material.

9. The submission of Material by the User is on the following terms

9.1 The User grants Centaur a non-exclusive, non-transferable, perpetual, royalty-free, worldwide licence to publish or use the Material in any format, including in other products of Centaur. The licence shall include the right for any Users to take actions in accordance with clause 8.

9.2 The User warrants to Centaur that all rights including intellectual property and moral rights in the Material submitted belong to the User or the User has received all necessary permissions to submit it to Centaur.

9.3 The User warrants to Centaur that the Material submitted is not obscene, offensive, or defamatory of any person or otherwise illegal.

9.4 Centaur at its sole discretion reserves the right to not publish the Material in part or whole, make additions or deletions to, edit, crop or arrange the Material prior to publication. Centaur may do so without giving any reason but the User should note that Material that is off-topic or unnecessarily antagonistic is likely to be rejected.

9.5 Centaur shall make no payment for Material submitted and used under these Terms and Conditions

DATA PROTECTION AND PRIVACY POLICY

10. Centaur takes the privacy of its Users seriously. It is committed to safeguarding the privacy of its Users. Please refer to Centaur’s Privacy Policy.

LIABILITY

11. The User acknowledges that any breach of clause 9 may cause damage or loss to Centaur and agrees to indemnify Centaur in full against any third party liabilities, claims, costs, loss or damage including consequential losses, incurred as a result of publishing Material submitted.

12. To the extent permitted by law Centaur, its agents or representatives shall have no liability whatsoever to the User for any direct, indirect or consequential loss or special loss or damage, cost or expense suffered or incurred by the User (whether arising in tort, contract or otherwise, and whether arising from the negligence, breach of contract, defamation, infringement of copyright or other intellectual rights) caused by use of www.theengineer.co.uk or from the negligence of its employees or agents or licensors, and whether asserted against Centaur, www.theengineer.co.uk or against any third party in relation to its use.

13. Centaur does not make any representation or give any warranty, either express or implied:

13.1 in relation to any information, goods or services offered, accessed or obtained through www.theengineer.co.uk;
13.2 in relation to warrantees of title, non infringement of copyright or patent rights of others, merchantability, or fitness or suitability for any purpose;
13.3 for the content, accuracy, integrity, lawfulness or otherwise of information on websites over which Centaur has no control;
13.4 as to the suitability of the information and data on www.theengineer.co.uk for any particular purpose;
13.5 that the information and data on www.theengineer.co.uk site is free of infection by computer viruses or other contamination.

14. Centaur and its agents or representatives do not endorse or in any respect warrant any third party products or services by virtue of any advertisement, information, material or content referred to, or included on, or linked from or to www.theengineer.co.uk.

15. www.theengineer.co.uk does not purport to provide advice. Centaur is not responsible for Users taking or refraining from taking actions on the basis of information provided by www.theengineer.co.uk.

16. Although every care is taken in the preparation of information supplied by www.theengineer.co.uk, Centaur is not responsible for any loss suffered as a result of any action taken or refrained from being taken as a result of any information contained in www.theengineer.co.uk.

TRADE MARKS AND INTELLECTUAL PROPERTY

17. All rights in “The Engineer”, “The Engineer Online” and “www.theengineer.co.uk”, and other marks owned by Centaur are reserved.

18. All Material other than submitted by Users on www.theengineer.co.uk is property of Centaur. Reproduction without Centaur’s permission is prohibited. For such permission Users should email The Engineer’s editor, andrew.lee@centaur.co.uk

MISCELLANEOUS

19. Users who wish to advertise on www.theengineer.co.uk should email sean.marshall@centaur.co.uk

20. Centaur reserves the right to remove, alter, change or vary www.theengineer.co.uk at any time without notice.

21. Centaur shall endeavour to provide constant, uninterrupted access to www.theengineer.co.uk but do not guarantee to do so and accept no responsibility or liability for any interruption or delay.

APPLICABLE LAW AND JURISDICTION

22. The provision of www.theengineer.co.uk is governed by the Laws of England and shall be subject to the jurisdiction of the English courts.

VARIATION

23. Centaur reserves the right to vary or amend these Terms and Conditions at any time without notice. Users should review these Terms and Conditions regularly as Users will be deemed to have accepted a variation in continuing to use the site after it has been posted.

COMPETITIONS

Prize draw terms and conditions: April 2008 - WIN AN iPOD TOUCH. 1. The prize draw is open to anyone resident in the UK aged 18 years and over. 2. Employees of Centaur Media plc and its subsidiaries or of any other company connected with the draw are not eligible to enter, neither are members of their families or households. 3. Entries will be limited to one per household. 4. No purchase is necessary for entry. Simply send an email to anna.martin@centaur.co.uk, on or before the closing date of 30th April 2008. 5. The winners will be notified by email by the 5th May 2008. 6. Any entry card which is damaged, defaced, illegible or incomplete or which otherwise does not comply with these rules, may be deemed invalid at the sole discretion of the promoters. Proof of entry cannot be deemed as proof of delivery. 7. If the winner cannot be traced after reasonable efforts have been made by the promoters, then the organisers will be entitled to dispose of the prize as it thinks fit, without any liability to the prize winner. 8. There is no cash alternative to the prize. 9. Please allow 30 days for delivery. 9. The Engineer maintain the right to use any promotional materials created as a result of this competition for on-going promotions for The Engineer. 10. The judges' decision will be final and no correspondence will be entered into. 11. The cancellation of the prize draw at any point is entirely at the discretion of the organisers.

July 2007