Ts & Cs

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.birminghamregion.com (our Site). Please read these terms of use carefully before you start to use the Site. By using our Site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our Site. If you are uncertain about your rights or obligations under them or if you have any queries or comments, please contact our Business Support Team by e-mail at info@marketingbirmingham.com, or seek independent legal advice.

We want the content on this site to be open and as easy to re-use as possible. When you contribute to this site we will work on the basis, unless you clearly state otherwise, that you are granting Marketing Birmingham a non-exclusive, irrevocable right to use and pass on all public information that you submit (for example descriptions of your photos and stories) as well as the right to allow the re-use of that content.

Marketing Birmingham will not use or pass on to third parties any personal data received as a result of your engaging with this site.

INFORMATION ABOUT US

www.birminghamregion.com is a website operated by Marketing Birmingham Limited on behalf of GBSLEP to define the competitive positioning project (click here for further information) We are registered in England and Wales under company number 01631329 and have our registered office at Baskerville House, Centenary Square, Broad Street, Birmingham B1 2ND.

ACCESSING OUR SITE

Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our Site, or our entire Site.

You are responsible for making all arrangements necessary for you to have access to our Site.  You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms, and that they comply with them.

INTELLECTUAL PROPERTY RIGHTS

All content published on this Site, including text, graphics, logos, icons and images (together, the ‘Content’) and the arrangement and compilation of the Content and any databases (‘Compilation’) and all the software and code included in or used on the Website and operating on the System or in your browser (“Software”) are the property of us or our suppliers or licensors.  All Content, Compilations and Software is protected by United Kingdom and international intellectual property laws, including, copyright laws.

Noting contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trade mark, patent, design right or copyright of us, or any other third party.

You must not use any part of the materials on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed.  We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.

PROHIBITED USES

You may use our Site only for lawful purposes.  You may not use our Site:

In any way that breaches any applicable local, national or international law or regulation.

In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

For the purpose of harming or attempting to harm minors in any way.

To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

Not to reproduce, duplicate, copy or re-sell any part of our Site

Not to access without authority, interfere with, damage or disrupt:

any part of our Site;

any equipment or network on which our Site is stored;

any software used in the provision of our Site; or

any equipment or network or software owned or used by any third party.

 

INTERACTIVE SERVICES

We may from time to time provide interactive services on our Site (interactive services).

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Please note that use of the Site or the services on it for the purposes which are not expressly permitted by these terms and conditions are expressly prohibited, and you accept all risk and liability for such use that is made or permitted by you.

Use of this Site is for your non-commercial and personal use only. You may NOT in any circumstances transmit, copy, display, reproduce, perform, modify, distribute, create derivative works, license, publish, transfer, or sell and products, services, software, source code or information obtained from or through this Site including text, graphics, logos, icons and images without express written permission from Marketing Birmingham save for where specifically permitted within these terms.

UPLOADING AND USE OF IMAGES

By uploading an image to the Birmingham Region website gives consent to the photographic image(s) being used within Marketing Birmingham marketing and communications activity related to the Birmingham Region Competitive Positioning project. You must only upload image(s) for which you have the full rights for use. If Marketing Birmingham considers or is advised that any images are not compliant with this, then they will remove the item without notice. Please refer to items 8 & 9.

Images may not be edited, amended or re-used without prior permission from Marketing Birmingham. Personal details of those taking part are not made available to third parties unless agreed otherwise.

CONTENT STANDARDS

These content standards apply to any and all material which you contribute to our Site (contributions), and to any interactive services associated with it.

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

Be accurate (where they state facts).

Be genuinely held (where they state opinions).

Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

Contain any material which is defamatory of any person.

Contain any material produced by anyone other than yourself

Contain any material which is obscene, offensive, hateful or inflammatory.

Promote sexually explicit material.

Promote violence.

Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

Infringe any copyright, database right or trade mark of any other person.

Be likely to deceive any person.

Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

Promote any illegal activity.

Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

Be likely to harass, upset, embarrass, alarm or annoy any other person.

Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

Give the impression that they emanate from us, if this is not the case.

Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

SUSPENSION AND TERMINATION

We will determine, in our discretion, whether there has been a breach of these terms through your use of our Site.  When a breach of these terms has occurred, we may take such action as we deem appropriate.

Immediate, temporary or permanent withdrawal of your right to use our Site.

Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site.

Issue of a warning to you.

Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

Further legal action against you.

Disclosure of such information to law enforcement authorities as we reasonably feel is necessary

We exclude liability for actions taken in response to breaches of these terms.  The responses described in these terms are not limited, and we may take any other action we reasonably deem appropriate.

INDEMNITIES

You hereby agree fully to indemnify, keep indemnified and hold us or any of our officers, employees, agents, sub-contractors and affiliated companies harmless from and against any and all costs, claims, losses, damages or liabilities and expenses (including, but not limited to, legal fees) made by any third party in any jurisdiction due to or arising out of your use of the Site otherwise than in accordance with these terms and conditions, or in circumstances where you are in breach of these terms and conditions, or any other breach by you of any third party right.

You hereby separately agree fully to indemnify and hold harmless us and any of our staff from and against all and any costs, loss, damages, expenses (including but not limited to legal fees) arising from any fraud by you.

OUR SITE CHANGES REGULARLY

We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.

DISCLAIMER

This Disclaimer is incorporated into and forms part of our Site terms and conditions. References to ‘you’, ‘your’, ‘, ‘Site’, ‘Software’, ‘Personal Information’ and ‘Financial Information’ have the meanings given in these terms and conditions.

We make no express or implied warranty or representation, nor accept any liability:

as to the accuracy, completeness, fitness for any particular purpose or currency of the information accessible via this Site unless it cannot be independently verified;

that the Site and its content are free from viruses or anything else that has contaminating or destructive properties including where such viruses or other programs result in loss of or corruption to your data or other property;

as to the quality of the Site (because the Site is provided free of charge);

as to the operation, functionality or accessibility of the Site;

the Site or the Service will meet your requirements;

that the Site or the Service will be uninterrupted, timely, secure or error-free (although once we have received your Personal Information or Financial Information we will keep it reasonably secure in accordance with the Data Protection Act 1998);

that the results that may be obtained from your use of the Service will be accurate or reliable; or

that any errors in the Site or the Software will be corrected.

We make the above exclusions because you can take simple steps to manage those risks yourself. You must:

check your Personal Information held by us regularly to ensure it is up to date and accurate, verify information and verify all other information from an independent source before relying on it;

make your own arrangements to keep your data and property free from viruses or other malicious or unauthorized programs;

We will not be responsible for the computer equipment or telephone services which you use to access the Site.

OUR LIABILITY

The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies 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 the law of equity.

Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

loss of income or revenue;

loss of business;

loss of profits or contracts;

loss of anticipated savings;

loss of data;

loss of goodwill;

wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our Privacy Policy.  By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.

 

UPLOADING MATERIAL TO OUR SITE

Any material you upload to our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material 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 Site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Site.

Content will take up to 24hours to appear on the website, from the time of uploading.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our Site 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 Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
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 Site will cease immediately.

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 Site or to your downloading of any material posted on it, or on any website linked to it.

JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site 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.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

VARIATIONS

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 Site.

NOTICES

You can give us notice under these terms and conditions by post to our address shown on our Website, or by sending an e-mail to us at info@marketingbirmingham.com. We can give you notice by post or e-mail to the address you give us via the Website. Notices will be deemed to have been served one hour after transmission by e-mail (provided that the e-mail is acknowledged or delivery is confirmed by read-receipt) or three working days after despatch by post.

 

COMPETITIONS

Employees connected with this promotion from Marketing Birmingham, any employees of third party prize suppliers and promotional agencies and their families are excluded from taking part in this prize draw.

The tickets cannot be used in conjunction with any other offer

Tickets cannot be exchanged or refunded.

Any additional costs incurred over and above the value of the prizes must be paid for by the prize winner and it is the winner’s responsibility to collect the tickets

No purchase is necessary to enter this competition. No multiple entries allowed

The prizes are as stated in these terms and conditions and no cash or other alternatives will be awarded, except that in the event of circumstances outside of its control the Promoter reserves the right to substitute alternatives of equal or greater value

Unless otherwise agreed in writing by the Promoter, prizes will only be available directly to the winning entrant

The decision of the judges is final and no correspondence will be entered into

The Prize is as stated, non-negotiable, non-transferable and there is no cash alternative or different option. The promoter reserves the right (a) to substitute alternative prizes of equivalent or greater value and (b) in exceptional circumstances to amend or foreclose the promotion without notice. Your statutory rights remain unaffected

It is the winner’s responsibility to arrange for transportation and associated costs

Marketing Birmingham accepts no liability for the prize or for any loss or damage arising from its issue

This promotion is governed by English law

Drayton Manor terms and conditions

Winners may visit Drayton Manor Theme Park on a date of their choosing during the 2015 main season. The 2015 season runs until Sunday 1st November, please visit www.draytonmanor.co.uk for our opening dates and times. A family pass is for 4 people (2 adults and 2 children). Winners will be issued with a reference number, which must be presented at the ticket booth prior to entry into the park. The prize is non-transferable and no cash alternative is available. The prize will automatically be void if sold, offered for sale or if any attempt or offer is made to transfer the prize for value.  The prize cannot be used in conjunction with any other offer or promotion, including Family, Advanced and Website tickets. Drayton Manor Theme Park, Nr Tamworth, Staffordshire B78 3TW. Tel: 0844 472 1960. www.draytonmanor.co.uk.

Sealife Centre Terms and Conditions

Two family tickets for four people, non refundable or transferable and valid until 30th November 2015.

New Hall Hotel and Spa terms and conditions

One overnight stay for two in a Classic Room with Breakfast.

Prize is non refundable or transferable and valid until 30th November 2015.

 

YOUR CONCERNS

If you have any concerns about material which appears on our Site, please contact our support team by email at info@marketingbirmingham.com.

Thank you for visiting our Site.