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Terms & Conditions

Terms of use of the BIFM Website (revised 05.01.2006)
 
Access to and use of this BIFM Website (’bifm.org.uk’) is provided by the BIFM subject to the following terms:
 
1. By using bifm.org.uk you agree to be legally bound by these terms, which shall take effect immediately on your first use of bifm.org.uk. If you do not agree to be legally bound by all the following terms please do not access and/or use bifm.org.uk.

2. The BIFM may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by the BIFM. Your continued use of bifm.org.uk after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
 
3. You warrant that the information which you provide to register on bifm.org.uk is true, accurate and complete.  If you select a user name for the Forums, it shall not be misleading or inappropriate.  You shall promptly notify us of any changes to your user profile.  All personal data which we collect will be treated in accordance with our privacy policy.
 
4. It is your responsibility to keep confidential your user name and password and you shall be responsible for any use of your user profile on bifm.org.uk.
 
5. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use bifm.org.uk content in any way except for your own personal, non-commercial use. You  agree not to adapt, alter or create a derivative work from any bifm.org.uk content except for your own personal, non-commercial use. Any other use of bifm.org.uk content requires the prior written permission of the BIFM.

6. You agree to use bifm.org.uk only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of bifm.org.uk. Prohibited behaviour includes without limitation harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within bifm.org.uk.

Disclaimers and Limitation of Liability

7. bifm.org.uk content, including the information, names, images, pictures, logos and icons regarding or relating to the BIFM, its products and services or to third party products and services, is provided "AS IS" and on an "AS AVAILABLE" basis.  All  representations and warranties made (whether express or implied by law) are excluded to the extent permitted by law, including any implied warranties of satisfactory quality, fitness for a particular purpose or the use of reasonable care and skill, compatibility, security and accuracy.
 
8. The BIFM does not warrant that your use of any intellectual property posted on the bifm.org.uk will not infringe any third party property rights.
 
9. The BIFM does not exclude any liability for death or personal injury caused by negligence, or for fraud or wilful default or otherwise insofar as any exclusion or limitation of the liability is prohibited or unenforceable by law, and all other provisions of these  terms and conditions shall be subject to this paragraph 9.
 
10. Under no circumstances will the BIFM be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data, disaster recovery costs and administrative costs; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of or the inability to use bifm.org.uk regardless of the form of action.

11. The BIFM does not warrant that functions contained in bifm.org.uk content will be uninterrupted or error free, or that any downloads will be free of viruses.  The BIFM does not warrant that defects in the website will be corrected, or that bifm.org.uk or the server that makes it available are free of viruses or bugs.
12. The BIFM makes no warranties or representations regarding the accuracy of any content which is posted on bifm.org.uk or otherwise.

Intellectual Property

13. The names, images and logos identifying the BIFM or third parties and their products and services are subject to copyright, design rights and trade marks of the BIFM and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of the BIFM or any other third party.

Contributions to bifm.org.uk

14.1 Where you  submit any contribution to bifm.org.uk (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant the BIFM a perpetual, royalty-free, non-exclusive, transferable, sub-licensable license to use your contribution on bifm.org.uk or in any other manner as the BIFM considers appropriate.  The BIFM may remove your contribution at any time without notice to you.
 
14.2  Further to paragraph 9, You warrant that your contribution;

14.2.1 is your own original work and/or that you have the right to make it available to the BIFM for all the purposes specified above; and

14.2.2 is not unlawful, including without limitation defamatory, blasphemous or obscene; and
 
14.2.3  does not infringe any third party privacy, intellectual property, contractual or other proprietary right.

14.3 You indemnify the BIFM against all losses, damages and other expenses that may be incurred by the BIFM as a result of your breach of the above warranty.
 
14.4 You waive any moral rights in your contribution for the purposes of its submission to and publication on bifm.org.uk and the purposes specified above.
 
14.5  You must declare any interest you may have when referring to or actively promoting products and/or services on bifm.org.uk.  All references to products and/or services must be in the context of a discussion in a Forum.

bifm.org.uk online Forum rules

15. You agree to use bifm.org.uk Forums in accordance with the following rules.
 
The BIFM may at its absolute discretion decline any application from you to register to use the bifm.org.uk members’ Forum.
 
About your posts:
  • Contributions must be civil and tasteful.
  • No disruptive, offensive or abusive behaviour: contributions must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble or offence.
  • No unlawful or objectionable content including unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material.
  • No multiple logins for the purpose of disrupting the Forum or annoying other users.
  • No spamming or off-topic material: we don’t allow the submission of the same or very similar contributions many times. Please don’t re-submit your contribution to more than one discussion, or contribute off-topic material in subject-specific areas.
  • No advertising.
  • No impersonation.
  • No inappropriate (e.g. vulgar, offensive etc) user names.
  • You may not use bifm.org.uk Forums to create or send any viruses or other files which disrupt the use of bifm.org.uk or of any connected network software or hardware

You may not post any personal data relating to any other person without their permission.

About the law:

  • You may not submit any defamatory or illegal material of any nature in bifm.org.uk Forums. This includes text, graphics, video, programs or audio.
  • Contributing material with the intention of committing or promoting an illegal act is strictly prohibited.
  • You agree to only submit materials which are your own original work.
  • You must not violate, plagiarise, or infringe the rights of third parties including copyright, trade mark, trade secrets, privacy, publicity, personal or proprietary rights.
  • The views expressed in bifm.org.uk Forums are not necessarily those of the BIFM.


If you breach these Terms of Use:
If you fail to abide by these Terms of Use when taking part in a bifm.org.uk Forum, you will be sent an e-mail which informs you why your contribution has been rejected or edited. This mail will also include a warning that continuing to break the rules may result in action being taken against your account or accounts.

If you post or send offensive or inappropriate content anywhere on or to bifm.org.uk Forums  otherwise engage in any disruptive behaviour on bifm.org.uk, or otherwise breach any of these terms, the BIFM may immediately and without notice to you remove such content from bifm.org.uk, and/or block access to your account.

The BIFM will co-operate with any authorised legal or regulatory body in its investigation of any activity which is in breach of these rules.

16. Use of RSS Feeds

16.1  Subject to the Terms of Use of the BIFM website, BIFM grants you a non- transferable, non-sublicensable, royalty-free licence to display on your website, intranet or other service, the headlines, active links and other information which you receive from the BIFM via the BIFM feed.

16.2  All intellectual property rights and other rights in the material made available by the RSS feed belong to the BIFM or its licensors.

16.3 You must incorporate an attribution to the BIFM in any BIFM feed or BIFM content on website, intranet or other services.  The attribution text should read “News from BIFM”.  You may not use any BIFM logo in connection with the feed.

16.4 You may not, directly or indirectly, charge users for accessing the BIFM content or otherwise commercialise such content, nor attempt to re-sell the BIFM content in any way.

16.5 You must create a functional link back to the full BIFM content summarised in the RSS feed.

16.6 You may not download the BIFM content or extracts from it in a systemic manner so as to create a database in electronic or structured manual form.

16.7 The BIFM makes no warranty or representation as to the accuracy of any of the material in the RSS feed, and to the extent permitted by law, the BIFM accepts no liability for any of the material which has been summarised in the RSS feed.

General

17. If there is any conflict between these terms and specific terms appearing elsewhere on bifm.org.uk then the latter shall prevail.

18. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

19.  These terms and conditions constitute the entire agreement between you and the BIFM and you acknowledge that you have not relied on any representation, warranty or other provision in relation to these matters.

20. These terms shall be governed by and interpreted in accordance with the laws of England and Wales and any dispute arising out of or in connection with them shall be subject to the exclusive jurisdiction of the English courts. The place of performance shall be England.

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