The Hull Story's Terms of Service

Terms & Conditions

Please read this agreement carefully. It sets out the terms under which HULL STORY ENTERPRISES LTD, the company through which The Hull Story operates, offers you use of its services as defined in clause 1.1 of this agreement and this website (“the Site”).

BY USING ANY OF OUR SERVICES AND/OR THE SITE YOU AGREE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS AND THAT THEY SHALL APPLY TO YOUR USE. IF YOU DO NOT WISH TO BE BOUND BY THEM, PLEASE LEAVE THIS WEBSITE.

This agreement is made between you and HULL STORY ENTERPRISES LTD (registered number: 12291354, registered address: F10 The Bloc, 38 Springfield Way, Anlaby, Hull, HU10 6RJ).

1. Our services

1.1 HULL STORY ENTERPRISES LTD may make available to you chat areas, forums and/or other means by which communications may be made available and/or disseminated publicly on the Site; and other commercial and/or transactional services; and/or competitions and/or prize draws (all together, the “Services”).

1.2 The Services may be operated by third parties and where they are this will be made clear to you. Where such Services are operated by a third party you may be asked to supply information and/or data (including, without limitation, financial, credit card and/or bank data), where that third party may have specific additional terms and conditions which apply. Further, when using such Services operated by such third parties, you will be dealing with them directly and as such any contracts and/or arrangements will be formed between you and them, without HULL STORY ENTERPRISES LTD as a party, and HULL STORY ENTERPRISES LTD cannot be held liable for your use of or any liability arising out of the same (save to the extent required by law).

2. Use of the Site and the Services

2.1 The Site and the Services are for personal and non-commercial use only. You may download and print portions of the Site and/or the Services for your personal, non-commercial use only. In particular, you may not use any information from any directory or other listing or information retrieval service (if any) made available on or by the Site and/or the Services, in connection with any business or commercial undertaking (whether or not for profit). Any other use of materials on the Site and/or the Services, including without limitation reproduction for a purpose other than that noted above and any modification, distribution or republication, without the prior written permission of HULL STORY ENTERPRISES LTD, is strictly prohibited. You also agree not to deep-link and/or frame to the Site for any purpose, unless specifically authorised by HULL STORY ENTERPRISES LTD to do so.

2.2 You agree that you shall not use the Site or the Services to transmit or knowingly or recklessly receive (or knowingly or recklessly authorise or permit any other person to receive or transmit) material which is obscene, threatening, menacing, offensive, defamatory, invasive of another’s privacy, abusive, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise violates any applicable law or regulation or code, or which makes excessive demands for bandwidth or contains any virus or which may otherwise impair or harm HULL STORY ENTERPRISES LTD’s computer systems or any third party computer system; and

2.3 (a) You agree that you will not submit any material to the Site, including, without limitation, comments and reviews:

(i) that is in any way, threatening, abusive, offensive, defamatory, invasive of another’s privacy, abusive, in breach of confidence, embarrassing to any person or likely to deceive any person, hateful, blasphemous, pornographic, or racially, ethnically or otherwise objectionable;

(ii) in respect of which you do not have the necessary licences or approvals;

(iii) which constitutes or encourages conduct that would be considered a criminal offence or otherwise contrary to any law, regulation or code of practice, give rise to civil liability or infringe the rights of any third party anywhere in the world;

(iv) which is or could be technically harmful;

(v) which is or may be deemed to be advertising or promotional materials including “spam” email;

(vi) which makes excessive demands for bandwidth;

(vii) which is inaccurate or misleading.

(b) You will not impersonate any person or entity when submitting content or misrepresent any affiliation with any person or entity.

(c) You acknowledge that HULL STORY ENTERPRISES LTD has no obligation to monitor any User Generated Content (UGC) but HULL STORY ENTERPRISES has the sole discretion to modify or delete any such UGC and may remove any such material at any time. Notwithstanding this, you are solely responsible for and bear the legal risk associated with such UGC anywhere in the world.

(d) In the event that you are in breach of these Terms and Conditions, HULL STORY ENTERPRISES LTD reserves the right to contact a relevant authority, including law enforcement, your employer, school or college or your internet service provider.

(e) HULL STORY ENTERPRISES LTD will co-operate with law enforcement or regulatory authorities or any court order requesting or requiring it to disclose the identity or location of anyone in breach or allegedly in breach of these Terms and Conditions.

(f) You acknowledge that submitting any UGC to the Site does not guarantee that the UGC, or any part of it will appear on the Site. You cannot edit or remove UGC once you have submitted it to the Site. However, if you become aware of any inaccuracy in UGC submitted by you, please contact HULL STORY ENTERPRISES LTD.

2.4 If you publish any UGC via the Services by way of contributions to chats, discussions or user reviews, you automatically and hereby grant to HULL STORY ENTERPRISES LTD a perpetual, royalty free, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from and distribute such UGC into any form, medium or technology now known or hereafter developed. In addition, as between you and HULL STORY ENTERPRISES LTD, you assert and waive any and all moral rights in such UGC.

2.5 The intellectual property in all design, text, graphics and other material (other than UGC) and the selection or arrangement of such material in the Site and/or the Services is owned by HULL STORY ENTERPRISES LTD and/or its respective licensors.

2.6 Save to the extent required by law, no representations, warranties or terms of any kind are made in respect of the Site and/or the Services or their contents (including, without limitation, any views or comment made). All information and/or data included in and/or on the Sites, the Services, including any UGC, and/or in any directory or other listings or information retrieval service made available on or by the Site and/or the Services and/or the UGC has been so made available for guidance only. HULL STORY ENTERPRISES LTD has no responsibility or control over the contents of UGC which may not be accurate and HULL STORY ENTERPRISES LTD cannot be held liable for any contents of UGC or any consequences of you relying on it. Please be aware that any information and/or data in UGC provided by another user may be incorrect or misleading and it is your responsibility to take precautions and use common sense when using any information and/or data contained in any UGC. Your use of all and any information and/or data included in and/or on the Sites, the Services, including any UGC, and/or in any directory or other listings or information retrieval service made available on or by the Site and/or the Services and/or the UGC is therefore entirely at your own risk. All liability of HULL STORY ENTERPRISES LTD, its directors, employees or other representatives howsoever arising for any loss suffered as a result of your use of the Site and/or the Services is expressly excluded to the fullest extent permitted by law.

2.7 The Site and/or the Services may include links to web sites and/or services owned and/or operated by third parties. These are provided for your convenience only and HULL STORY ENTERPRISES LTD is not responsible for and does not give any warranties or make any representations regarding any such web sites and/or services and is not responsible for or liable in relation to the content or your use of such web sites (save to the extent required by law).

2.8 The onus for ensuring that material presented on the Internet is legal rests with the original content provider, and HULL STORY ENTERPRISES LTD will not be under any obligations to limit access to material unless notified that it is illegal or otherwise in breach of these Terms and Conditions. Notwithstanding, HULL STORY ENTERPRISES LTD shall have the right to remove any items it believes may be illegal or otherwise in breach of these Terms and Conditions.

2.9 HULL STORY ENTERPRISES LTD is the owner of:

(a) those trade mark(s) indicated as such throughout the Site from time to time; and

(b) all other trade marks used in the Site and/or the Service which are not licensed to it by any third party.

All other trade marks, product names and company names or logos cited therein are the property of their respective owners.

2.10 The provisions in clause 4 on Data Protection and Use of Personal Information apply in respect of your use of the Site and/or the Services.

3. Availability and Security of the Site and the Service

3.1 Due to the nature of the Internet, HULL STORY ENTERPRISES LTD does not promise full and error free operation of the Site and/or the Services at all times. All liability of HULL STORY ENTERPRISES LTD, its directors or employees howsoever arising for any loss whatsoever arising from your use of or inability to use the Site and/or the Services is excluded, insofar as it is possible to do so in law.

3.2 HULL STORY ENTERPRISES LTD shall use reasonable endeavours to ensure that the Site, the Services and any information it holds on you are kept secure. However, due to the nature of the Internet, HULL STORY ENTERPRISES LTD cannot accept any liability for those who intentionally attempt to and/or gain unauthorised access to the same by means such as, without limitation, computer hacking (save to the extent that HULL STORY ENTERPRISES LTD is unable to exclude such liability by law).

4. Data Protection and Use of Personal Information

4.1 Information may be gathered from your registration form(s) and your use of the Site and/or the Services including through “cookies”. Cookies are blocks of text placed in files on your computer’s hard drive when you visit a website which contain information to identify you. A cookie does not contain any personal information you have provided us with, except your user name, unless the cookie is attached to personal information collected another way, such as by means of your on-line registration form.

4.2 The information gathered may be used by HULL STORY ENTERPRISES LTD internally for purposes relating to your use of the Site and the Services and for marketing activities, and may be passed to carefully selected third parties to use for marketing activities. By marketing activities, we mean the communication directly to particular individuals (by e-mail, post or telephone) of any advertising or marketing material. If you do not wish to receive marketing material from HULL STORY ENTERPRISES LTD or from carefully selected third parties you should notify us by email. If you subsequently decide you no longer wish to receive direct marketing/information from HULL STORY ENTERPRISES LTD or no longer wish us to pass your information to third parties you should again notify us by email.

4.3 HULL STORY ENTERPRISES LTD may forward your personal details to the police or other regulatory body to comply with the law or in relation to suspected misuse by you of the Site and/or the Services. Where it is lawful HULL STORY ENTERPRISES LTD may also monitor emails you send and receive.

4.4 Your personal data will be collected and processed by HULL STORY ENTERPRISES LTD in accordance with its Privacy Policy. The personal data collected may include, without limitation, your name, address, telephone and fax details, email contact address, and other data obtained from you from time to time.

4.5 Other than as set out elsewhere in this clause 4, your information shall not be disclosed or used by us. You hereby agree to these terms in this clause 4 by your agreement to the terms and conditions of this Agreement.

5. Patrons / Payment

The majority of the Site and the Services are currently made available without charge to you by HULL STORY ENTERPRISES LTD. However, you are responsible for all telephone charges necessary to access and use the Site and the Services which are made available.

Patrons have access to ‘Patron only’ content on the Site and receive a monthly eNewsletter direct to an e-mail address provided by them.

Patrons pay a monthly membership of £2.50 to HULL STORY ENTERPRISES LTD. By becoming a Patron, you agree and acknowledge that any contribution provided by you to us is an irrevocable gift. From the moment any fee has been processed, we will be legally and beneficially entitled to the full amount of that fee and contribution and you will have no entitlement to the return of the fee.

Your The Hull Story Patronage will start when you receive a welcome e-mail following the processing of your first payment.

If we change the price of the Patronage we will inform you of this with at least 10 days’ working notice so that you can choose whether or not to cancel your payment.

Your Patron membership will otherwise automatically renew and you will continue to be a Patron until you cancel your monthly payments, which you may do at any time.

HULL STORY ENTERPRISES LTD reserve the right to refuse and return any contributions you have made at our absolute discretion.

6. Termination

HULL STORY ENTERPRISES LTD may permanently terminate your access to the Services immediately for any reason.

7. Claims

Where a claim is brought against HULL STORY ENTERPRISES LTD by a third party in relation to your use of the Site and/or the Services and/or any User Generated Content you agree to fully reimburse HULL STORY ENTERPRISES LTD and all companies within the HULL STORY ENTERPRISES LTD group for all losses, costs, actions, claims, damages, expenses (including legal costs and expenses) or liabilities, whatsoever suffered or incurred by HULL STORY ENTERPISES LTD or companies within the HULL STORY ENTERPRISES LTD group in or as a consequence of your breach of this Agreement and/or your use of the Site and/or Services and/or any User Generated Content which is included on the Site and/or the Services.

8. Force Majeure

Neither party shall be liable to the other, for any loss or damage which may be suffered by the other party due to any cause beyond the first party’s reasonable control including without limitation any power failure.

9. Notices

Any notices shall, unless otherwise expressly stated, be in writing and shall be given by sending the same by e-mail, or first class post, to the other party’s address as may be designated in writing from time to time. Any notice sent by first class post shall be deemed (in the absence of evidence of early receipt) to have been delivered two days after dispatch. Any notice given by email shall be deemed to have been delivered on the next working day following transmission.

10. Assignment

10.1 This Agreement shall be personal to you and you may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without HULL STORY ENTERPRISES LTD’s prior written consent.

10.2 HULL STORY ENTERPRISES LTD reserves the right to assign or transfer all or any of its rights and obligations under this Agreement to any companies in the same group as HULL STORY ENTERPRISES LTD or other third party. In the event of assignment or transfer, notification will either be given to you by email or posted on the Site.

11. No Waiver

Failure by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.

12. Variation of Terms

HULL STORY ENTERPRISES LTD reserves the right to vary this Agreement from time to time. Such changes shall be notified to you by being posted on the Site. Changes in this manner shall be deemed to have been accepted if you continue to use the Site and/or the Services after the date of transmission of posting on the Site.

13. Law and Jurisdiction

Where the Site and/or the Services are accessed from England or Wales, or from outside the United Kingdom this Agreement shall be governed by the laws of England and Wales and you hereby submit to the exclusive jurisdiction of the English courts. Where the Site and/or the Services are accessed from Scotland or Northern Ireland this Agreement shall be governed by the laws of Scotland or Northern Ireland respectively and you hereby submit to the exclusive jurisdiction of the Scottish courts or the courts of Northern Ireland respectively.

14. Advertising

Orders for the insertion or use of adverts on the Site, or in any print product published by HULL STORY ENTERPRISES LTD, are accepted at the sole discretion of HULL STORY ENTERPRISES LTD and are subject to the following conditions:

14.1 The Advertiser shall not submit to the Site, or any HULL STORY ENTERPRISES LTD publication, material that is:

(i) in any way unlawful, threatening, abusive, offensive, defamatory, invasive of another’s privacy, abusive, in breach of confidence, embarrassing to any person or likely to deceive any person, hateful, blasphemous, pornographic, or racially, ethnically or otherwise objectionable;

(ii) in respect of which the Advertiser does not have the necessary licences or approvals;

(iv) which is or could be technically harmful;

(v) which makes excessive demands for bandwidth’

(vi) which is inaccurate or misleading.

14. 2 The Advertiser will not impersonate any person or entity when submitting Advertising content or misrepresent any affiliation with any person or entity.

14.3 No hyperlinks or metatags may be included in any Advert save with the prior written permission of HULL STORY ENTERPRISES LTD.

14.4 The Advertiser agrees to indemnify HULL STORY ENTERPRISES LTD in respect of all costs, claims, damages, or other charges, arising directly or indirectly from the transmission or publication of any Advert submitted by the Advertiser.

14.5 HULL STORY ENTERPRISES LTD endeavours to take all reasonable steps to meet the reasonable requests of the Advertiser, but HULL STORY ENTERPRISES LTD does not guarantee the transmission or publication of any Advert, or any Advert’s transmission or publication on a particular date or particular location on the Site or any other publication.

14.6 It is the Advertiser’s responsibility to check the first transmission or publication of its Advert, and to notify HULL STORY ENTERPRISES LTD of any errors as soon as possible. HULL STORY ENTERPRISES LTD assumes no responsibility for reviewing or correcting any errors in Adverts. It will be at the sole discretion of HULL STORY ENTERPRISES LTD whether or not to correct, remove, replace or refund the cost of any Advert, but it shall take reasonable steps to do so if the error is the fault of HULL STORY ENTERPRISES LTD. HULL STORY ENTERPRISES LTD reserves the right to remove any Advert from the Site at any time if HULL STORY ENTERPRISES LTD deems the Advert, or any part of it, to be in breach these Terms and Conditions.

14.7 HULL STORY ENTERPRISES LTD accepts no liability in respect of any loss or damage occasioned directly or indirectly as a result of the transmission or publication of any Advert.

14.8 The rates charged for Adverts by HULL STORY ENTERPRISES LTD may vary at any time and from customer to customer.

14.9 The date for payment for any Advert shall be set out in each invoice, but all Advertising fees shall usually be payable within 30 days from date of invoice. HULL STORY ENTERPRISES LTD reserves the right to charge statutory interest for any late payments, and seek compensation for debt recovery costs in respect of late payments.