Terms

1. Acceptance of Terms

NI Grapevine, . (“NI Grapevine”) provides a collection of online resources, including classified listings, advertising, email services and links to third party sites (referred to hereafter as “the Service”), available at the URL http://www.nigrapevine.co.uk/ (the “Site”), that are subject to the following Terms of Use (“Terms”). By using the Site or the Service in any way, you agree to comply with these Terms. In addition, when using particular NI Grapevine services, you agree to abide by any applicable posted guidelines for those services, which may change from time to time. Please report any violation of these Terms to abuse@nigrapevine.co.uk

Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with NI Grapevine in any way, your only recourse is to immediately discontinue use of the Site and the Service. NI Grapevine will not be held be liable for any loss or damage for non-compliance.

These Terms may be updated by NI Grapevine. You understand and agree that you are solely responsible for reviewing these Terms from time to time. You can always review the most current version of these Terms at http://www.nigrapevine.co.uk/info/terms/. Any continued use of the Software or Service by you after such amended Terms have been posted or information regarding such amendment has been sent to you, shall be deemed your consent and agreement to such amended Terms.

You understand and agree that unless expressly stated, NI Grapevine in no way controls, verifies or endorses any of the information contained on or in the Service including listings, links, messages, advertisements and reviews.

2. Registration

Although registration is not required to use the Service or access to the Site, if you decide to register, you must complete the NI Grapevine registration process. If you choose to register, you must submit a valid e-mail address and select a username and password during the registration process and be at least 18 years of age. You are responsible for maintaining the confidentiality of your username and password, and all uses of your account, whether or not you have authorised such use. You agree to notify NI Grapevine immediately of any unauthorised use of your account.

NI Grapevine reserves the right to refuse the Service or access to the Site to any user, or to delete accounts created by users who appropriate the name, likeness, email address or other personally identifiable information of another individual.

3. Content

You understand that all listings, messages, text, files, images, photos, video, audio or other materials (“Content”) posted on, transmitted through, or linked from the Site are the sole responsibility of the person or organisation from whom such Content originated. You also understand that NI Grapevine does not control and is not responsible for Content made available through the Site, and that by using the Site, you may be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable. Please see our Prohibited content page for complete details.

Furthermore, the Site and Content made available through the Site may contain links to other web sites that are completely independent of NI Grapevine. NI Grapevine makes no representation or warranty as the accuracy, completeness or authenticity of the information contained on such web site. Under no circumstances will NI Grapevine be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, linked or otherwise made available via the Site.

You understand and agree that any uploading or posting will be at your sole risk and NI Grapevine shall not be responsible to you in any way. Further, NI Grapevine does not provide any warranty as to your use of third-party content or software that you obtain from the Site.

You are also fully responsible for any Content you post on the Site and to the consequences of any such Content. Although NI Grapevine does not claim ownership of Content that its users post, by posting Content to the Service, you automatically grant, and you represent and warrant that you have the right to grant, to NI Grapevine an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses through multiple tiers of the foregoing. You also understand and agree that NI Grapevine, in its sole discretion, may delete any Content for any reason.

4. User Conduct

You agree to act responsibly and to treat other users with respect. Users also must not use the Site or the Service to harass or abuse other users. Individuals who have demonstrably harassed other individuals may be removed from the Service or blocked from the Site.

You agree not to post, email, otherwise make available Content that:

Is unlawful, harassing, libellous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable
Advertises any illegal services or the sale of any items prohibited or restricted by applicable law
Is harmful to minors or displays sexually explicit material of any kind
Encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation
Transmits or posts any unsolicited or unauthorised advertising, “spam,” junk mail, “chain letters,” “pyramid schemes,” etc.
Transmits or posts any content that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights
Transmits or posts any viruses or material designed to disrupt, limit or destroy any functionality of any computer software or hardware of users, members or the NI Grapevine service
Collects, stores or solicits information about other users or members for commercial or unlawful purposes or engage in commercial activity such as contests, sweepstakes, etc. without NI Grapevine’s prior consent
Contains personally identifiable information about another member that is published without their express consent
Contains material originally posted by another member that is reposted without permission or attribution
Has misleading email addresses or other manipulated identifiers to disguise its origin
Is purposefully posted in an irrelevant category or city, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on NI Grapevine’s infrastructure

Additionally, you agree not to:

Contact anyone who has asked not to be contacted
“Stalk” or otherwise harass anyone
Delete or revise any material posted by any other user
Impersonate any person or entity or falsely state or misrepresent your affiliation with another person or entity
Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site
Attempt to gain unauthorised access NI Grapevine computer systems or networks to engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Site

5. No Spam Policy

You understand and agree that sending unsolicited email advertisements to NI Grapevine email addresses or through NI Grapevine computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in the UK. Any unauthorised use of NI Grapevine computer systems is a violation of these Terms and certain UK Laws, including without limitation, the Computer Misuse Act 1990. Such violations may subject the sender and his or her agents to civil and criminal penalties.

6. Ownership

All right, title and interest in and to the Site and the Service are and will remain the exclusive property of NI Grapevine and its licensors. “NI Grapevine, Inc.” and NI Grapevine logos, icons and other marks identifying NI Grapevine services or products are trademarks of NI Grapevine and may not be used without prior written permission. Except as otherwise expressly set forth in these Terms, you may not copy reproduce, distribute, or create derivative works of the Service or the Site without NI Grapevine’s express written authorisation. All rights not expressly granted in these Terms are reserved to NI Grapevine.

NI Grapevine respects the intellectual property rights of others and expects users of the Site to do the same. You may not post, distributed, or reproduce in any way any copyrighted material, trademarks, or other proprietary information that you do not have legal authorisation to use. If you believe that through the Service your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please immediately notify us at abuse@nigrapevine.co.uk.

7. Dealings with organisations or individuals

NI Grapevine shall not be liable for your interactions with any organisations and/or individuals found on the Site or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organisations and/or individuals. You agree that NI Grapevine is not responsible for any damage or loss incurred as a result of any such dealings. NI Grapevine is under no obligation to become involved in disputes between participants on the Site, or between participants on the Site and any third party. In the event of a dispute, you release NI Grapevine, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.

8. Limitation & Termination of Service

You acknowledge that NI Grapevine may establish limits concerning use of the Service. You agree that NI Grapevine has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that NI Grapevine reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that NI Grapevine shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

You agree that NI Grapevine in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Site (or any part thereof), immediately and without notice, and remove and discard any Content within the Site, for any reason, including, without limitation, if NI Grapevine believes that you have acted inconsistently with these Terms. Further, you agree that NI Grapevine shall not be liable to you or any third-party for any termination of your access to the Site. Further, you agree not to attempt to use the Site or the Service after said termination.

9. Privacy & Information Disclosure

NI Grapevine has a Privacy Policy that explains to users how their information is collected and used. A copy of the current version of our Privacy Policy can be found at http://www.nigrapevine.co.uk/info/privacy/. Your use of the Site or the Service signifies acknowledgement of and agreement to our Privacy Policy.

You further acknowledge that NI Grapevine may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with the legal process, enforce these Terms, respond to claims that any Content violates the right of third-parties; or to protect the rights, property, or personal safety of NI Grapevine, its users or the general public.

10. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SITE, THE SERVICE OR THE CONTENT IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF FILES, SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. NI GRAPEVINE, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER NI GRAPEVINE, NOR ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY THAT THE SITE, THE SERVICE OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES NI GRAPEVINE ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

11. Limitations on Liability

IN NO EVENT SHALL NI GRAPEVINE, ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, THE SERVICE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATE OR BUSINESS OPPORTUNITY, EVEN IF NI GRAPEVINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NI GRAPEVINE SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE. YOU AGREE THAT THE AGGREGATE LIABILITY OF NI GRAPEVINE TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, THE SERVICE OR THE CONTENT IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO NI GRAPEVINE, IF ANY, FOR ACCESS TO AND USE OF THE SITE, THE SERVICE OR THE CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NI GRAPEVINE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnity

YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD NI GRAPEVINE HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE, (B) ANY FRAUD, MANIPULATION OR OTHER BREACH OF THESE TERMS BY YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST NI GRAPEVINE ARISING OUT OF YOUR USE OF THE SERVICE OR THE SITE.

13. General Information

These Terms are governed in all respects by the laws of Northern Ireland, without reference to its conflicts of laws, principles and any dispute arising hereunder shall be submitted to the Northern Ireland Courts and you consent to the exclusive jurisdiction of such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. NI Grapevine’s failure to act with respect to a breach by you does not waive NI Grapevine’s right to act with respect to subsequent or similar breaches. You may not assign or transfer these Terms or any rights hereunder, and any attempt to the contrary is void. These Terms shall inure to the benefit of and be binding upon each party’s successors and assigns. NI Grapevine shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond NI Grapevine’s reasonable control. Any notice required or given to you under these Terms shall be delivered by electronic mail at the e-mail address provided by you during registration. These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.
Privacy Policy

Your privacy is important to us, so NI Grapevine has created this Privacy Policy to explain how your information is protected, collected and used. This Privacy Policy applies to our web sites, including our publicly accessible web site located at http://www.nigrapevine.co.uk/ (the “Site”). This Privacy Policy may be updated from time to time. You can always review the most current version here. By using the Sites, you consent to the terms and conditions of this Privacy Policy and are aware that our policies may evolve in the future. If there is a conflict between our Terms of Use governing your use of the Sites and this Privacy Policy, the Terms of Use control.

Information about Safe Harbor can be found here.

Protecting Your Privacy

In various places on the Sites, we collect “Personally Identifiable Information,” such as your name, postal address, telephone number, e-mail address, or other information that can be used to identify you or contact you.

NI Grapevine will not share any of your Personally Identifiable Information, except for the information you choose to publicly disclose in the listings you publish, with our advertisers or any third-parties for marketing purposes.
NI Grapevine keeps your email anonymous to protect your identity and reduce spam.
Account information is password protected. Keep your password safe.
NI Grapevine does not knowingly collect any Personally Identifiable Information from persons under the age of 13, and NI Grapevine does not permit persons under the age of 13 to register on the Sites. If NI Grapevine learns that a listing is by a person under the age of 13, NI Grapevine will remove that listing.

NI Grapevine, or people that place listings on NI Grapevine, may provide links to third party web sites, which may have different privacy practices than NI Grapevine. We are not responsible for, nor have any control over, the privacy policies on these third party web sites. We encourage all users to read the privacy policies of every web site you visit.

Registration

Registration is required to place a listing through our service or to use other types of functionality that require the service to recognise a user (e.g., NI Grapevine Alerts). If you decide to register or sign up for certain services, you will need to give us certain Personally Identifiable Information, such as a valid e-mail address and post code. You will also have the option to provide other Personally Identifiable Information such as your address. This Personally Identifiable Information will be used to personalise and improve your experience of our service. This information will not be disclosed to any third-party without your explicit consent.

Registered users may choose to receive a copy of our newsletter or receive other mailings from us regarding our service or the Sites. You may opt-out of receiving future mailings as part of the registration process.

You can review and change your Personally Identifiable Information or password at any time on your account within your personalized NI Grapevine homepage.

Like many web sites, NI Grapevine uses a standard technology call “cookies.” A cookie is a small text file stored on your computer’s hard drive that can be accessed by a specific web site to make your experience quicker and more convenient. Cookies allow our users to login without entering their ID and password each time they use NI Grapevine. Cookies also help us understand how our users use the Sites, which allows us to improve the service. We do not use cookies to retrieve any information from your computer other than the information we provide, such as a user code.

Data We Collect

In addition to Personally Identifiable you provide at registration or by using the service, we collect the following information:

Listings content. When you place a listing or a review on NI Grapevine, we collect a variety of information related to that listing (e.g., price, model). The public will see any information that you include in your listing, and as such, NI Grapevine has no control over how this information will be used. For that reason, please think carefully about what Personally Identifiable Information you disclose in your listing. You can always edit any of your listings on your accounts page.
“Anonymous Information” such as your IP address, the type of browser you use, the pages on our Sites that you visit, the search terms that you enter and the advertisements that you click. This information is used to help us diagnose problems, administer the site and otherwise improve our service to you.
Credit card information. Credit card information is collected but not stored. It is transmitted to a financial gateway using Secure Socket Layer (SSL) technology.

Data We Store

The following information is stored in our database, even after deletion, and may be archived:

Registration information
All listings and review content
Activity logs and other records

Although we make good faith efforts to store information in a secure environment that is not made available to the public, we cannot guarantee complete security.

Circumstance in Which We Will Release Information

NI Grapevine may disclose information about its users if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:

Respond to a legal process (e.g., subpoenas, court orders)
Respond to claims that a listing or content violates the rights of third parties
Enforce our terms of use
Protect the rights, property or personal safety of NI Grapevine, its users or the general public

If we merge with or are acquired by another company, the resulting combined company will use the information you have provided as described in this Privacy Policy.

Prohibited Content

While NI Grapevine is committed to helping people buy, sell and trade with one another locally, we also require that our members comply with applicable laws, policies and regulations. Users may not post ads for merchandise or services that are illegal where they live. If you see any suspicious or questionable content on the site, please use our ‘report fraud or abuse’ links to inform us about any problems. We may take technical and legal steps to remove the content and/or keep offending users off NI Grapevine.

Items that are specifically prohibited on NI Grapevine:

Alcoholic beverages and tobacco
Animals, plants and insects that are regulated or prohibited for sale under applicable laws
Blood, bodily fluids and body parts
Embargoed goods
Items designed to be used to commit a crime including not without limitation burglary tools, false identification and items used to manufacture illegal explosives or controlled substances
Material that infringes copyrights, trademarks or other third party rights
Material that contains child pornography or is harmful to minors
Misrepresentations and counterfeit or fraudulent items
Prescription drugs
Services or merchandise that promote hatred and violence against specific groups of people
Services that are illegal including without limitation prostitution
Stocks and other securities
Stolen goods or property with serial number removed or altered
Content that can intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Human Rights Act 1998