PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING WESTSIDEBID.COM, HEREFORTH REFERRED TO AS “THE SITE”. WESTSIDEBID.COM IS MAINTAINED AND MANAGED BY THE BROAD STREET PARTNERSHIP LTD, WHICH REPRESENTS THE 350+ BUSINESSES IN THE AREA. THE WESTSIDE BUSINESS IMPROVEMENT DISTRICT IS HENCEFORTH REFERRED TO AS “THE BID”. THE BIRMINGHAM WALK OF STARS IS ORGANISED AND FUNDED BY THE BID AND IS AN INDEPENDENTLY REGISTERED TRADEMARK.
BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD IMMEDIATELY CEASE SUCH USE. THE BID MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
The BID will use its best endeavours to safeguard the privacy of its website visitors. This policy explains the website data processing practices of the BID as well as outlining your user rights.
What information do we collect?
In some areas, we may ask you to register your name and email address. We will also collect information from you if you complete any other forms on our site or if you contact us with comments or specific requests.
What do we use personal information for?
If you choose to complete any of our on-line forms, the BID will not use the personal information you provide us with for marketing purposes unless you agree that we may do so. We may pass your details on to third party service providers who are contracted to the BID in the course of dealing with your request. These third parties are obliged to keep your details securely, will use them only to fulfil the request and will dispose of the details when the request is complete.
You may receive e-mail messages and newsletters from the BID/and or Walk of Stars on matters that we consider may be of interest to you, if you have provided your email address to us for this purpose.
Information to improve our site.
We collect web statistics automatically about your visit to our site. This information is used to help us follow browsing preferences on our site so that we can regularly improve our web site. These statistics do not contain personal data and cannot be traced back to an individual.
Subject Access Requests
Under the Data Protection Act 1998, you can make a formal request for the following information * clarification that your personal data is being processed by the BID * a description and copies of such personal data * the reasons why such data are being processed * details of to whom they are or may be disclosed If you have any comments or concerns regarding this policy please contact us using the details provided on the contact page.
1. Copyright, Licenses and Idea Submissions.
Domestic and International copyright and trademark laws protect the entire contents of the Site. The owners of the intellectual property, copyrights and trademarks are the BID, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. The Birmingham Walk of Stars is an independent trademark registered in the UK.
You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to the BID a non-exclusive, royalty-free, worldwide, sub licensable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to the BID by all means and in any media now known or hereafter developed. You also grant to the BID the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against the BID for any alleged or actual infringement or misappropriation of any proprietary right in your communications to the BID.
The BID and/or any other names belonging to the BID, or its Web sites, seminars, conferences, events, trade shows, publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of the BID, including the “look” and “feel” of the Site, colour combinations, layout, and all other graphical elements. Any use of trademarks is strictly prohibited without the express permission from the BID. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
3. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by the BID, we does not operate, control or endorse any information, products or services on the Internet in any way. Except for the BID identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with the BID. You also understand that the BID cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
The BIID offers a search feature within the Site. It explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. The BID also disclaims any responsibility for the completeness or accuracy of any directory or search result.
In connection with your use of the Site, you agree you will not:
a) Transmit any message, information, data, text, software or images, or other content (“Material”) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, or otherwise objectionable that may invade another’s right of privacy or publicity;
b) Impersonate any person or entity, including but not limited to, a BID official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) Post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as non-disclosure agreements);
d) Post or transmit any Material that contains a virus or corrupted data;
e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
f) Use the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., flooding continuous posting of repetitive text/messages to site administrators);
g) Post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
h) Violate any applicable national or international law;
i) Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
j) Delete or revise any Material posted by any other person or entity;
k) Manipulate or otherwise display the Site by using framing or similar navigational technology, or
l) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for the site, product or service if you are not expressly authorized by such party to do so.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. THE BID PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND THE BID SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. THE BID HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE BID BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF THE BID OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH CASES, THE BID’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto.
5. Indemnification and Reservation of Rights.
You agree to indemnify, defend and hold harmless the BID, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including solicitors fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of the Site.
The BID reserves the right to release current or past member or Web site user information if the BID believes that a member’s account is being used to commit unlawful acts, if the information is subpoenaed and/or if the BID deems it necessary and/or appropriate.
6. Third Party Rights.
The provisions of paragraphs 3 (Use of the Site), and 5 (Indemnification) are for the benefit of the BID and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
7. Term; Termination.
Either party without notice may terminate this Agreement at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 3 (Use of the Site), 5 (Indemnification), 6 (Third Party Rights) and 11 (Miscellaneous) shall survive any termination of this Agreement.
8. Special Admonitions for International Use.
Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside.
9. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that the BID shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
The Site may provide, or third parties may provide, links to non- BID Internet World Wide Web sites or resources. Because the BID has no control over such sites and resources, you acknowledge and agree that the BID is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the BID shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.