TERMS AND CONDITIONS FOR USE OF
GMG Regional Digital’s myManchesterOnline Website Facility ("the Facility")

1. Definitions

"the Conditions"	means these terms and conditions;
"myManchesterOnline Website"	means the website facility set up by GMG Regional Digital to enable organisations and groups to build their own websites, containing information relating to their activities, and to allow for hosting of such websites;
"Member Site"	means a website relating to a particular organisation or group, developed and hosted on the myManchesterOnline Website and, for the avoidance of doubt, includes all pages contained within such website;
"GMG Regional Digital"	means GMG Regional Digital Ltd 164 Deansgate Manchester M3 3GG
"Participating Organisation"	means the organisation or group which wishes to build a Member Site relating to its activities as part of the myManchesterOnline Website;
"Representative"	means the representative for the time being of the Participating Organisation as appointed in accordance with these Conditions.

2. Representative

1. As part of the application process for joining the myManchesterOnline Website, the Participating Organisation shall supply GMG Regional Digital with the name and contact details of a person who has agreed to be the representative of the Participating Organisation. The Participating Organisation must ensure that the Representative is fully authorised to accept these Conditions on behalf of the Participating Organisation and to otherwise act on behalf of, and fully bind, the Participating Organisation with respect to all of its obligations in this document. The Participating Organisation and the Representative both agree to comply with all of the Conditions and to promptly supply GMG Regional Digital with the name and contact details of a substitute representative, should the then existing Representative retire or otherwise cease to be authorised to act on behalf of the Participating Organisation.

3. Services to be provided by GMG Regional Digital

1. GMG Regional Digital, subject to these Conditions, permits each Participating Organisation to construct and maintain one Member Site within the myManchesterOnline Website. GMG Regional Digital will provide, free of charge to the Participating Organisation, the use of such software and related technical information as GMG Regional Digital may in its absolute discretion deem appropriate to enable that Participating Organisation to construct and maintain such website ("the GMG Regional Digital Software").
2. The Participating Organisation agrees and acknowledges that the GMG Regional Digital Software may contain items of third party owned software and materials, in respect of which:

1. the Participating Organisation shall, if so required, enter into or accept such terms and conditions of use as may be required by the relevant licensor, prior to using the same; and
2. the Participating Organisation acknowledges that the same is supplied by GMG Regional Digital exclusive of any representation or warranty (whether express, implied or otherwise) given by or on behalf of GMG Regional Digital.
3. The GMG Regional Digital Software may only be used by the Participating Organisation for the purpose of constructing and maintaining a Member Site. The GMG Regional Digital Software, and all rights in and to the myManchesterOnline Website, remains the sole property of GMG Regional Digital or its licensors at all times and the Participating Organisation shall obtain no rights to it or to use it except as expressly set out herein. Upon removal of a Member Site from the myManchesterOnline Website for any reason, the Participating Organisation will cease all use of the GMG Regional Digital Software and shall promptly return the same to GMG Regional Digital together with all copies.
4. The Participating Organisation shall not provide or disclose the GMG Regional Digital Software to any third party or permit any third party to use the GMG Regional Digital Software.
5. The Participating Organisation acknowledges that neither the internet nor GMG Regional Digital's server can be guaranteed secure and accordingly GMG Regional Digital cannot guarantee the security or privacy of any information placed on or contained within a Member Site.
6. GMG Regional Digital will use its reasonable endeavours to host and to maintain a regular internet presence for the Participating Organisation's Member Site, but cannot guarantee continuous, uninterrupted availability and shall have no liability for any failure to provide the same.
4. Participating Organisation's Obligations

1. Each Participating Organisation shall:-

1. create one Member Site relating to its organisation or group as part of the myManchesterOnline Website, as soon as reasonably practicable after becoming a Participating Organisation and thereafter shall maintain its Member Site;
2. update its Member Site not less frequently than every six weeks;
3. follow any reasonable guidelines or policies which GMG Regional Digital may provide to it in relation to the general form, layout, content, operation and/or security of its Member Site;
4. obtain GMG Regional Digital's prior written approval to any terms and conditions which it intends to use on the Member Site (such approval not to be unreasonably withheld);
5. inform GMG Regional Digital immediately (with appropriate details) of any complaint it receives about its Member Site;
6. not use its Member Site for the purposes of advertising, promoting, selling or supplying any goods or services or otherwise for commercial purposes;
7. not permit any third parties to use the Member Site in any way which breaches Condition 4.I.vi.
8. not insert any links on the Member Site to any sites which GMG Regional Digital reasonably believes are inappropriate or may compete with the myManchesterOnline Website;
9. keep confidential and shall not disclose to any third party its password, or any other security devices, mechanisms or confidential materials provided to it by GMG Regional Digital in relation to its Member Site or otherwise knowingly do anything which would enable a third party to alter, add to or delete a Member Site without the prior written consent of GMG Regional Digital;
10. if it runs a bulletin/discussion board on its Member Site, impose such conditions of use on the bulletin/discussion board as GMG Regional Digital may reasonably request and make such amendments to such conditions as GMG Regional Digital may reasonably request from time to time; and
11. not to create or introduce into the myManchesterOnline Website or any Member Site any virus or other destructive or contaminating program.
2. The Participating Organisation acknowledges that GMG Regional Digital has reserved for itself a designated section (or sections) of each Member Site for advertising purposes and that GMG Regional Digital shall be entitled from time to time to place on the relevant section of the Member Site advertisements in such form and of such nature as GMG Regional Digital shall in its absolute discretion determine. The Participating Organisation agrees that its Member Site shall not contain any advertisements, other than the said advertisements as referred to in this Condition.
3. The Participating Organisation hereby grants to GMG Regional Digital (or shall procure the grant of) a non-exclusive, worldwide, royalty free licence to reproduce, distribute, publish and use (in paper form, electronically or otherwise) and for that purpose to reformat, any Content from time to time forming part of the Member Site, on the internet, on any website and in any newspaper or other publication published by GMG Regional Digital or any of its group companies. In connection therewith, the Participating Organisation hereby grants to GMG Regional Digital (or shall procure the grant of) a non-exclusive, worldwide, royalty free licence to use any trade marks, trade names and logos from time to time forming part of the Member Site in connection with such copying, distribution, publication and use of the said material.
4. The Participating Organisation acknowledges that it will not acquire any rights to copyright, trade marks, trade names or other intellectual property rights owned or used by GMG Regional Digital or its group companies (or their licensors) except as expressly set out herein.
5. Cancellation by Participating Organisation

1. If the Participating Organisation no longer wishes to maintain its Member Site, it shall give GMG Regional Digital not less than 1 week's prior written notice. At the expiry of the said notice, GMG Regional Digital shall remove the said Member Site from the myManchesterOnline website. This shall not affect the Participating Organisation's continuing obligations under these Conditions.
6. Rights of GMG Regional Digital

1. GMG Regional Digital retains the right, in its sole discretion, to refuse to allow any party either to become a Participating Organisation or to otherwise build or use a Member Site.
2. GMG Regional Digital reserves the right (but not the obligation) in its sole discretion, at any time, without liability to the Participating Organisation, to:

1. delete or remove any Member Site from the myManchesterOnline Website;
2. prevent access to a Member Site;
3. make any deletions from, amendments or additions to the content contained on a Member Site; and/or
4. supply any item of content which it reasonably considers may be illegal, infringing or in breach of the warranties contained in Condition 7 to the police or to any other governmental or enforcement agency, together with details of the identity of the relevant content supplier and/or Participating Organisation.

Such action shall be without prejudice to the Participating Organisation's continuing obligations under these Conditions. For the avoidance of doubt, GMG Regional Digital accepts no responsibility whatsoever for, nor any liability arising from, any Member Site content.

7. Content of Member Site

1. The Participating Organisation undertakes and warrants to GMG Regional Digital that:-

1. it either owns the intellectual property rights in the content of its Member Site or else has the right to use the content of its Member Site;
2. the content of its Member Site does not and will not consist of any material which, or the accessing of which, is offensive, pornographic, unlawful, defamatory or obscene, or which may incite violence or racial hatred, in any part of the world;
3. the content of its Member Site does not and will not contain any material which infringes any copyright or other intellectual property rights or rights to confidential information belonging to third parties or any other third party rights whatsoever (including any privacy or related rights);
4. the content of its Member Site does and will comply with all applicable laws, codes and regulations and that the Participating Organisation has full permission to publish the same; and
5. the content of its Member Site is and will be accurate and not misleading;
6. its Representative for the time being is and shall remain a duly authorised representative of the Participating Organisation with the full right and authority to enter into these Conditions on behalf of the Participating Organisation and to bind it to these Conditions in full.
2. In operating its Member Site and any bulletin board forming part thereof, the Participating Organisation shall:

1. accept full responsibility for all content (whether posted or otherwise published by the Participating Organisation or by any third party) and for all transactions which may occur utilising the same; and
2. comply with all of its obligations under the Data Protection Act 1998 and other similar statutory provisions enforceable from time to time in other parts of the world.
3. To the extent that the Participating Organisation is in breach of any warranties set out in Condition 7.I or the said warranties are not true or accurate, or the Participating Organisation is otherwise in breach of any of the Conditions, the Participating Organisation shall indemnify (and keep indemnified) GMG Regional Digital and its group companies against all losses, expenses, damages and claims that may arise as a result.
4. The Participating Organisation undertakes to indemnify (and keep indemnified) GMG Regional Digital and its group companies against any losses, expenses, damages and claims which it may incur as a result of any content posted on, or any use or misuse of, the Member Site by the Participating Organisation, (including (without limitation) any transactions conducted therefrom) or which may arise as a consequence of the proper exercise by GMG Regional Digital (or its group companies) of the rights granted by Condition 4.III.
8. Exclusion of Warranties and Liability

1. ANY SOFTWARE, MATERIALS AND/OR SERVICES PROVIDED TO THE PARTICIPATING ORGANISATION BY GMG REGIONAL DIGITAL HEREUNDER ARE PROVIDED "AS IS" AND FREE OF CHARGE: GMG REGIONAL DIGITAL DOES NOT GIVE ANY WARRANTY AND MAKES NO REPRESENTATIONS WITH RESPECT TO THE SAME. IN PARTICULAR, WITHOUT LIMITATION, GMG REGIONAL DIGITAL GIVES NO WARRANTIES AND MAKES NO REPRESENTATIONS RELATING TO THE AVAILABILITY OF THE MYMANCHESTERONLINE WEBSITE OR THE MEMBER SITE OR AS TO THE GMG REGIONAL DIGITAL SOFTWARE OR IN RESPECT OF ANY SECURITY BREACHES WHICH MAY OCCUR AT THE MYMANCHESTERONLINE WEBSITE OR THE MEMBER SITE. ALL WARRANTIES, REPRESENTATIONS AND TERMS WHICH MAY OTHERWISE HAVE BEEN IMPLIED INTO THIS AGREEMENT BY LAW OR OTHERWISE ARE HEREBY EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
2. GMG REGIONAL DIGITAL SHALL NOT BE LIABLE IN ANY CIRCUMSTANCES FOR ANY LOSS OF PROFITS, BUSINESS, REVENUE, GOODWILL OR ANTICIPATED SAVINGS, OR FOR ANY LOSS OR CORRUPTION OF DATA, OR FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR ECONOMIC LOSS, HOWSOEVER ARISING AND WHETHER CLAIMED UNDER CONTRACT, TORT, NEGLIGENCE OR OTHERWISE AND WHETHER OR NOT SUCH LOSS IS REASONABLY FORESEEABLE OR MADE KNOWN BY THE PARTICIPATING ORGANISATION TO GMG REGIONAL DIGITAL.
3. SUBJECT TO CONDITION 8.II ABOVE, ALL LIABILITIES OF GMG REGIONAL DIGITAL RELATING TO DIRECT LOSS, HOWSOEVER ARISING FROM ANY SOFTWARE, MATERIALS AND/OR SERVICES, THE FACILITY OR OTHERWISE FROM THESE CONDITIONS, SHALL BE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL, IN ANY EVENT, NOT EXCEED THE SUM OF £1,000 IN AGGREGATE WITH RESPECT TO ALL COSTS, CLAIMS, DAMAGES, LIABILITIES AND EXPENSES HOWSOEVER CAUSED.
4. FOR THE AVOIDANCE OF DOUBT, GMG REGIONAL DIGITAL SHALL HAVE NO LIABILITY WHATSOEVER RESULTING FROM ANY USE OR MISUSE OF THE MEMBER SITE BY THE PARTICIPATING ORGANISATION OR BY ANY THIRD PARTY.
5. NOTHING IN THIS CLAUSE SEEKS TO LIMIT GMG REGIONAL DIGITAL'S LIABILITY FOR FRADULENT MISREPRESENTATION OR FOR ANY DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE.
9. Personal Information/Data Protection

1. All information of whatever nature forming part of or contained upon the Member Site from time to time will be stored on computer by or on behalf of GMG Regional Digital. GMG Regional Digital agrees, with respect to any personal data that it may process on behalf of the Participating Organisation as part of the operation of the Facility, that it will:

1. comply with all applicable privacy laws including the Data Protection Act 1998 ("DPA 1998");
2. act only in accordance with the Participating Organisation's instructions from time to time; and
3. use appropriate technical and organisational measures to protect the personal data against unauthorised or unlawful processing and against accidental loss, destruction or damage.
2. The Representative and the Participating Organisation each hereby additionally agree as follows:

1. to supply to GMG Regional Digital, from time to time upon request (and subject to the right of any data subject to refuse or to opt out of any such supply, use or other processing), the names, addresses and other contact details of the officers and members of their Participating Organisation ("PO Members");
2. that any personal data either so supplied and/or which relates to the Representative and/or which may from time to time be published on the Member Site by the Participating Organisation ("PO Personal Data") may be used by GMG Regional Digital and by the other companies in its group for marketing purposes, including making the PO Members aware of products/services which, in the opinion of GMG Regional Digital, they may find of interest; and
3. that GMG Regional Digital may pass any such PO Personal Data to other companies in the GMG Regional Digital group, whether such companies are based in the UK or elsewhere within the European Union.
3. The Participating Organisation and the Representative each hereby warrant that they shall take all reasonable measures required to procure the necessary consents from the relevant data subjects in order to enable GMG Regional Digital and its group companies to lawfully use the personal data in accordance with the terms of Conditions 9.II.ii and iii above and the DPA 1998, and that they shall indemnify GMG Regional Digital and its group companies against any losses, expenses, damages and claims which they may incur as a result of any failure to do so.
4. If any data subject subsequently objects to such use of their personal data or wishes to terminate any such use, the Participating Organisation hereby agrees to promptly inform GMG Regional Digital in writing.
5. For the purposes of this Condition 9 the terms "personal data" and "processing" shall have the meanings ascribed to them by the DPA 1998 and "process" shall be construed accordingly.
10. General

1. GMG Regional Digital shall not be required to perform any obligations hereunder to the extent and for so long as it is prevented from doing so by any circumstances beyond its reasonable control (which shall include, without limitation, the unavailability of access to the internet, failure of third party software, systems, equipment or networks and failure of third party suppliers and subcontractors).
2. These Conditions may be amended from time to time by GMG Regional Digital by means of e-mail notice sent to the Representative. The Participating Organisation shall thereafter be deemed to be bound by such amended Conditions unless it sends GMG Regional Digital a cancellation notice pursuant to Condition 5.
3. No other terms and conditions, other than these Conditions, apply to the use of the myManchesterOnline Website or of any Member Website.
4. GMG Regional Digital reserves the right to assign or otherwise deal with any and all of its rights under these Conditions without restriction.
5. A Participating Organisation may not assign or otherwise deal with any or all of charge, sub-licence, sub-contract or otherwise deal with all or any of its rights or obligations under these Conditions in whole or in part, without the prior written consent of GMG Regional Digital.
6. In the event that any or any part of these Conditions shall be determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining Conditions, all of which shall continue to be valid and enforceable to the fullest extent permitted by law.
7. All Conditions which either expressly or by their nature are anticipated to survive termination shall so survive any such termination.
8. The Participating Organisation agrees and acknowledges that GMG Regional Digital accepts no obligations with respect to the backing up and/or archiving of any data contained upon the Member Site, all of which will be the sole responsibility of the Participating Organisation.
9. These Conditions will be governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction over all matters arising pursuant hereto.