- By using This Nation you agree to be bound by these terms, which shall take effect immediately on your first use of This Nation. If you do not agree to be bound by all of the following terms please do not access, use and/or contribute to This Nation.
- This Nation may change these terms from time to time and so you should check these terms regularly. Your continued use of This Nation will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using this website. If there is any conflict between these terms and specific local terms appearing elsewhere on an This Nation site (including house rules) then the latter shall prevail.
- You agree to use This Nation 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 This Nation. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within This Nation.
- You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use This Nation content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any This Nation content except for your own personal, non-commercial use. Any other use of This Nation content requires the prior written permission of This Nation.
- The names, images and logos identifying This Nation or third parties and their products and services are subject to copyright, design rights and trade marks of This Nation and/or third parties. Nothing contained in these terms shall be construed as conferring any licence or right to use any trade mark, design right or copyright of This Nation or any other third party.
- This Nation does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "content") that you post on or through This Nation or other networked sites. After posting your content to This Nation, you continue to retain any such rights that you may have in your content, subject to the limited license herein. By displaying or publishing ("posting") any content on or through This Nation or other networked sites, you hereby grant to This Nation a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such content solely on or through This Nation services, including without limitation distributing part or all of This Nation in any media formats and through any media channels and you hereby waive all so-called moral rights you may have in the content. This limited license does not grant This Nation the right to sell or otherwise distribute your content outside of the This Nation services.
- The license you grant to This Nation is non-exclusive (meaning you are free to license your content to anyone else in addition to This Nation), irrevocable (meaning you are not able to revoke this licence), fully-paid and royalty-free (meaning that This Nation is not required to pay you for the use on the This Nation services of the content that you post), sub-licensable (so that This Nation is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks to provide the This Nation services), and worldwide (because the Internet and the This Nation services are global in reach).
- You represent and warrant that: (i) you own the Content posted by you on or through the This Nation services or otherwise have the right to grant the license set forth in Section 3-1, and (ii) the posting of your content on or through the This Nation services does not violate any applicable laws, including but not limited to the privacy rights, publicity rights, intellectual property rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any content posted by you on or through the This Nation services.
- Please do not endanger yourself or others, take any unnecessary risks or break any laws when creating content you may share with This Nation.
- If you do not want to grant This Nation the permission set out above on these terms, please do not submit or share your contribution to or with This Nation.
- The majority of content posted on a This Nation site is created by members of the public. The views expressed are theirs and unless specifically stated are not those of This Nation. This Nation are not responsible for any content posted by members of the public on a This Nation site or for the availability or content of any third party sites that are accessible through an This Nation site. Any links to third party websites from an This Nation site do not amount to any endorsement of that site by This Nation and any use of that site by you is at your own risk.
- This Nation content, including the information, names, images, pictures, logos and icons regarding or relating to This Nation, its products and services (or to third party products and services), is provided "AS IS" and on an "AS AVAILABLE" basis. To the extent permitted by law, This Nation excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. This Nation does not guarantee the timeliness, completeness or performance of the website or any of the content. While we try to ensure that all content provided by This Nation is correct at the time of publication no responsibility is accepted by or on behalf of This Nation for any errors, omissions or inaccurate content on the website.
- Nothing in these terms limits or excludes This Nation's liability for death or personal injury caused by its proven negligence. Subject to the previous sentence, This Nation shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (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 an This Nation site regardless of the form of action.
- This Nation does not warrant that functions available on an This Nation site will be uninterrupted or error free, that defects will be corrected, or that This Nation or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
- 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 and continue to be binding and enforceable.
- The failure or delay of This Nation to exercise or enforce any right in these terms does not waive the This Nation right to enforce that right.
You agree to use This Nation in accordance with the following Community Rules located here. These apply across all This Nation sites and services.
Information Collection and Use by This Nation
This Nation collects user submitted information such as name, email address, and age to authenticate users and to send notifications to those users relating to the This Nation service. This Nation also collects other profile data including but not limited to: personal interests, gender, age, education and occupation in order to assist users in finding and communicating with each other. This Nation also logs non-personally-identifiable information including IP address, profile information, aggregate user data, and browser type, from users and visitors to the site. This data is used to manage the website, track usage and improve the website services. This non-personally-identifiable information may be shared with third-parties to provide more relevant services and advertisements to members. User IP addresses are recorded for security and monitoring purposes. User Profile information including members' pictures and first names are displayed to people in order to facilitate user interaction in the This Nation website. We may use a user's email address to send updates, a newsletter or news regarding the service. From time to time, This Nation or a partner may sponsor a promotion or contest on an This Nation site. Users may be asked to provide personal information including name, email address or home address or to answer questions in order to participate. We may transfer personal information to certain ad partners that you have explicitly requested to receive information from. It will be clear at the point of collection who is collecting the personal information and whose privacy statement will apply.
Invitations and Other Communications to Non-members
This Nation members can invite friends to join the service by sending invitation emails via our automated invitation system, This Nation does not sell these email addresses or use them to send any other communication besides invitations, invitation reminders (up to three (3) per email address). Recipients of invitations from This Nation may contact This Nation to request the removal of their information from our database.
Chat Rooms, Journals and Weblogs, Message Boards, Classifieds and Public Forums
Please be aware that whenever you voluntarily post public information to Journals, Weblogs, Message Boards, Classifieds or any other Public Forums that that information can be accessed by the public and can in turn be used by those people to send you unsolicited communications.
Correcting/Updating or Removing Information
This Nation users may modify or remove any of their personal information at any time by logging into their account and accessing features such as Edit Profile and Account Info. Please note it is not possible to remove content from forum posts. If you want any personal information removed from forum posts then please contact us and we will manually remove information where possible.
Third Party Advertising
This Nation member accounts are secured by member-created passwords This Nation takes precautions to insure that member account information is kept private. We use reasonable measures to protect member information that is stored within our database, and we restrict access to member information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff. Please note that we cannot guarantee the security of member account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of member information at any time for any additional information about the security measures we use on This Nation, please contact us via the contact us form on our website
Sharing and Disclosure of Information
Contacting the Web Site
If you have any questions about this privacy statement, the practices of this site, or your dealings with this website, please contact us via the contact us on our website.
Website Advertising Terms
Please read these Website Advertising Terms carefully before applying to become an Advertiser, as they set out our and your legal rights and obligations in relation to our Advertising Services. You will be asked to agree to these Website Advertising Terms before becoming an Advertiser.
You should print a copy of these Website Advertising Terms for future reference. We will not file a copy specifically in relation to you, and they may not be accessible on our website in future.
These Website Advertising Terms are available in the English language only.
1. Definitions and interpretation
1.1 In the Agreement:
“Acceptance Email” means an email sent by the Publisher in accordance with Clause 2.3, confirming that an applicant has been accepted as an Advertiser;
“Advertiser” means the person (natural or legal) specified as the advertiser on the Registration Form;
“Advertiser Content” means the advertisements and other content submitted by the Advertiser to the Publisher for publication on the Website;
“Advertising Services” means the advertising services selected by the Advertiser using the Registration Form;
“Affiliate” means a company, firm or individual that Controls, is Controlled by, or is under common Control with the relevant company, firm or individual;
“Agreement” means the agreement between the Publisher and the Advertiser incorporating these Website Advertising Terms, the Registration Form and the Acceptance Email, and any amendments to it from time to time;
“Business Day” means any week day, other than a bank or public holiday in England;
“Business Hours” means between 09:00 and 17:30 on a Business Day;
“Charges” means the amounts payable by the Advertiser to the Publisher under or in relation to the Agreement (as set out on the Website);
“Control” means the legal power to control (directly or indirectly) the management of an entity (and “Controlled” will be construed accordingly);
“Effective Date” has the meaning given to it in Clause 2.3;
“Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of or problems with the internet or a part of the internet, hacker attacks, denial of services attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);
“Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registered or unregistered, including any application or right of application for such rights (and the “intellectual property rights” referred to above include copyright and related rights, moral rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
“Prohibited Content” means:
(a) works and materials that:
(i) breach any law, regulation or legally-binding code;
(ii) infringe any person's Intellectual Property Rights or other legal rights; and/or
(iii) give rise to a cause of action against any person,
in each case in any jurisdiction and under any applicable law;
(b) works and materials that contravene the Committee on Advertising Practice Code (the CAP Code);
(c) obscene, indecent, pornographic, lewd or graphic works and materials; and
(d) works and materials that may cause annoyance, inconvenience or anxiety to any internet user;
“Publisher” means This Nation;
“Registration Form” means the form on the Website enabling users to apply to become Advertisers;
“Term” means the term of the Agreement; and
“Website” means the website at www.thisnation.co.uk and any successor website operated by the Publisher from time to time.
1.2 In the Agreement, a reference to a statute or statutory provision includes a reference to:
(a) that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and
(b) any subordinate legislation made under that statute or statutory provision.
1.3 The Clause headings do not affect the interpretation of the Agreement.
1.4 The ejusdem generis rule is not intended to be used in the interpretation of the Agreement.
2. The Agreement
2.1 In order to apply to become an Advertiser, the applicant must complete and submit a premium listing in our business directory.
2.2 If the applicant makes any input errors during the order process, these may be identified and corrected by the applicant at any time by using the site contact us form.
2.3 The Agreement will come into force if and when the Publisher sends to the Advertiser the Acceptance Email following the submission of a completed Registration Form by the Advertiser (the “Effective Date”).
2.4 The Agreement will continue in force until the completion of all Advertising Services, upon which it will terminate automatically, unless terminated earlier in accordance with Clause 8.
3. Advertising Services
3.1 During the Term, the Publisher will provide the Advertising Services to the Advertiser.
3.2 The Advertiser grants to the Publisher a non-exclusive, worldwide, royalty-free licence to publish the Advertiser Content on the Website as contemplated by the Agreement.
3.3 The Advertiser warrants and undertakes:
(a) to ensure that all Advertiser Content is accurate and fair;
(b) to ensure that Advertiser Content does not consist of, contain, or link to any Prohibited Content;
(c) promptly to remove or edit any Advertiser Content which ceases to be accurate and fair, or becomes Prohibited Content, for whatever reason;
(d) to ensure that the advertising and sale of any products and services that are advertised through the Advertising Content is legal under all applicable laws;
3.4 Subject to scheduled maintenance, express restrictions on the Advertising Services, and any Force Majeure Event affecting the Publisher or the Publisher's appointed hosting services provider, the Publisher will use reasonable endeavours to maintain the availability on the internet of:
(a) the Website; and
(b) the published Advertiser Content,
during the relevant period; but the Publisher does not guarantee 24/7 availability.
3.5 The Publisher reserves the right to suspend the publication of any Advertiser Content or remove any Advertiser Content from the Website at any time where it reasonably determines that the content breaches this Clause 3.
4 Charges and payment
4.1 The Publisher will issue invoices for the Charges to the Advertiser from time to time in advance during the Term.
4.3 The Advertiser will pay the Charges to the Publisher within 7 days of the date of issue of an invoice issued in accordance with Clause 4.1.
4.4 The Publisher will issue a receipt for the Charges upon receipt of payment in cleared funds.
4.5 Charges must be paid by debit or credit card, direct debit, bank transfer or by cheque (using such payment details as are notified by the Publisher to the Advertiser from time to time).
4.6 If the Advertiser does not pay any amount properly due to the Publisher under or in connection with the Agreement, the Publisher may:
(a) charge the Advertiser interest on the overdue amount at the rate of 8% per year above the base rate of HSBC Bank Plc from time to time (which interest will accrue daily and be compounded quarterly); or
(b) claim interest and statutory compensation from the Advertiser pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
5.1 The Advertiser warrants to the Publisher that it has the legal right and authority to enter into and perform its obligations under the Agreement.
5.2 The Publisher warrants to the Advertiser:
(a) that it has the legal right and authority to enter into and perform its obligations under the Agreement; and
(b) that it will perform the Advertising Services under the Agreement with reasonable care and skill.
5.3 All of the parties' warranties and representations in respect of the subject matter of the Agreement are expressly set out in the terms of the Agreement. To the maximum extent permitted by applicable law and subject to Clause 7.1, no other warranties and representations concerning the subject matter of the Agreement will be implied into the Agreement or any related contract.
The Advertiser hereby indemnifies the Publisher and undertakes to keep the Publisher indemnified against any and all liabilities, damages, losses, costs and expenses (including legal expenses and amounts paid in settlement of legal claims) arising directly or indirectly out of any breach by the Advertiser of Clause 3.3 of the Agreement.
7. Limitations and exclusions of liability
7.1 Nothing in the Agreement will:
(a) limit or exclude the liability of a party for death or personal injury resulting from negligence;
(b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party;
(c) limit any liability of a party in any way that is not permitted under applicable law; or
(d) exclude any liability of a party that may not be excluded under applicable law.
7.2 The limitations and exclusions of liability set out in this Clause 7 and elsewhere in the Agreement:
(a) are subject to Clause 7.1; and
(b) govern all liabilities arising under the Agreement or in relation to the subject matter of the Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
7.3 The Publisher will not be liable in respect of any loss of profits, income, revenue, use, production or anticipated savings.
7.4 The Publisher will not be liable for any loss of business, contracts or commercial opportunities.
7.5 The Publisher will not be liable for any loss of or damage to goodwill or reputation.
7.6 The Publisher will not be liable in respect of any loss or corruption of any data, database or software.
7.7 The Publisher will not be liable in respect of any special, indirect or consequential loss or damage.
7.8 The Publisher will not be liable for any losses arising out of a Force Majeure Event.
7.9 The Publisher's liability in relation to any event or series of related events will not exceed the greater of:
(a) £100; and
(b) the total amount paid and payable by the Advertiser to the Publisher under the Agreement during the 6 month period immediately preceding the event or events giving rise to the claim.
7.10 The Publisher's aggregate liability under the Agreement will not exceed the greater of:
(a) £200; and
(b) the total amount paid and payable by the Advertiser to the Publisher under the Agreement.
8.1 Either party may terminate the Agreement at any time by giving at least 30 days' notice of termination to the other party.
8.2 Either party may terminate the Agreement immediately by giving written notice of termination to the other party if the other party:
(a) commits any material breach of any term of the Agreement, and:
(i) the breach is not remediable; or
(ii) the breach is remediable, but the other party fails to remedy the breach within 30 days of receipt of a written notice requiring it to do so; or
(b) persistently breaches the terms of the Agreement.
8.3 Either party may terminate the Agreement immediately by giving written notice of termination to the other party if:
(a) the other party:
(i) is dissolved;
(ii) ceases to conduct all (or substantially all) of its business;
(iii) is or becomes unable to pay its debts as they fall due;
(iv) is or becomes insolvent or is declared insolvent; or
(v) convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;
(b) an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;
(c) an order is made for the winding up of the other party, or the other party passes a resolution for its winding up (other than for the purpose of a solvent company reorganisation where the resulting entity will assume all the obligations of the other party under the Agreement); or
(d) (where that other party is an individual) that other party dies, or as a result of illness or incapacity becomes incapable of managing his or her own affairs, or is the subject of a bankruptcy petition or order.
8.4 The Publisher may terminate the Agreement immediately by giving written notice of termination to the Advertiser if the Advertiser fails to pay any amount due to the Publisher under the Agreement in cleared funds by the due date for payment.
9. Effects of termination
9.1 Upon termination all the provisions of the Agreement will cease to have effect, save that the following provisions of the Agreement will survive and continue to have effect (in accordance with their terms or otherwise indefinitely): Clauses 1, 4.5, 6, 7, 9 and 10.3 to 10.10.
9.2 Termination of the Agreement will not affect either party’s accrued rights (including accrued rights to be paid) as at the date of termination.
9.3 If the Agreement is terminated by the Publisher under Clause 8.1 or by the Advertiser under Clause 8.2 or Clause 8.3, the Advertiser will be entitled to a refund of any amounts paid to the Publisher in respect of Advertising Services which were to have been provided after the effective date of termination. Such amount will be calculated by the Publisher using any reasonable methodology. Save as provided in this Clause 9.3, the Advertiser will not be entitled to any refunds or release from any liability to pay Charges (whether or not invoiced) upon the termination of the Agreement.
10.1 Any notice given under the Agreement must be in writing (whether or not described as “written notice” in the Agreement) and must be sent by email, for the attention of the relevant person, and to the relevant email address given in the Registration Form (or as notified by one party to the other in accordance with this Clause).
10.2 A notice will be deemed to have been received at the relevant time set out below (or where such time is not within Business Hours, when Business Hours next begin after the relevant time set out below):
(a) where the notice is sent email, at the time of the transmission (providing the sending party retains written evidence of the transmission).
10.3 No breach of any provision of the Agreement will be waived except with the express written consent of the party not in breach.
10.4 If a Clause of the Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other Clauses of the Agreement will continue in effect. If any unlawful and/or unenforceable Clause would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the Clause will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant Clause will be deemed to be deleted).
10.5 The Agreement may not be varied except by a written document signed by or on behalf of each of the parties.
10.6 The Advertiser hereby agrees that the Publisher may freely assign any or all of its rights and obligations under this Agreement to any Affiliate of the Publisher or any successor to all or substantial part of the business of the Publisher from time to time. Save as expressly provided in the Agreement, the Advertiser may not without the prior written consent of the Publisher assign, transfer, charge, license or otherwise dispose of or deal in this Agreement or any of its rights or obligations under this Agreement.
10.7 The Agreement is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to the Agreement are not subject to the consent of any third party.
10.8 Subject to Clause 7.1, this Agreement constitutes the entire agreement and understanding of the parties in relation to the subject matter of this Agreement, and supersedes all previous agreements, arrangements and understandings between the parties relating to the subject matter of this Agreement.
10.9 The Agreement will be governed by and construed in accordance with the laws of England and Wales; and the courts of England will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the Agreement.