Terms & Conditions
1. This Site is operated by Michael Sandelson & Select Performers (referred to in these Terms and Conditions variously as "theforeigner.no" or "The Foreigner" or "we" or "us".
2. We reserve the right to withdraw or amend the services we provide on this Site without notice. We will not be liable if for any reason this Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of this Site, or this entire Site, to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions.
If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information, you must notify us immediately by e-mailing us using our contact form (http://theforeigner.no/contact/). We recommend that you do not select an obvious user password (such as your name) and that you change it regularly.
If you provide The Foreigner with an email address that will result in any messages The Foreigner may send you being sent to you via a network or device operated or owned by a third party (e.g. your employer or college) then you warrant that you are entitled to receive those messages. You also agree that The Foreigner may refrain from sending messages to you without notifying you.
3. If you would like to link to theforeigner.no and if we give our consent, please read and comply with the following guidelines and all applicable laws. A site or service that links to theforeigner.no:
- may display a Foreigner logo but must not otherwise use any Foreigner trade marks without permission from The Foreigner;
- may not remove, distort or otherwise alter the size or appearance of the logo;
- may link to the homepage of theforeigner.no, and on an ad hoc, non-systematic basis deeplink to other pages of theforeigner.no;
- must not in any way imply that The Foreigner is endorsing it or its products or services;
- must not misrepresent its relationship with The Foreigner or present false information about The Foreigner;
- must not be a site or service that infringes any intellectual property or other right of any person or that otherwise does not comply with all relevant laws and regulations;
- must not be a site or service that contains content that could be construed as distasteful or offensive.
The Foreigner expressly reserves the right to require that any link in breach of these terms and conditions be removed and to take whatever other action it deems appropriate.
PLEASE NOTE THAT IN ADDITION AND WITHOUT PREJUDICE TO OUR RIGHTS AT LAW TO RESTRICT THE TYPES OF USE REFERRED TO ABOVE, THESE RESTRICTIONS ARE ALSO CONTRACTUAL IN NATURE AND BIND ALL USERS OF THEFOREIGNER.NO.
At Work Use: If you are using theforeigner.no in an ”at work” capacity (whether for a company, partnership, public sector body, charity etc.) and your use extends beyond personal, non-commercial use then you should contact us to discuss your business requirements, since it is possible that your use of our content extends beyond what is permitted by these terms and conditions which may also be the responsibility of your employer. In particular, all requests to republish, redistribute or syndicate Foreigner Content, whether headlines, full text articles (or parts thereof) or the right to use Foreigner Content internally within your business (for example, as part of a regular information dissemination service or on a company Intranet) or any external use that you may make (for example, within client reports or briefings) should be addressed to us, as such use falls outside the scope of use permitted by these terms and conditions.
4. Unless otherwise specified, we are the owner or licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Unless otherwise specified, the authors of the literary and artistic works in the materials contained in the Site have asserted their moral right pursuant to Section 77 of the Copyright Designs and Patents Act 1988 to be identified as the author of those works.
5. The Foreigner Content is only for your general information and use and is not intended to address your particular requirements. In particular, the Foreigner Content, including User Content and any other content provided by third parties and distributed by theforeigner.no, does not constitute any form of advice, recommendation, representation, endorsement or arrangement by The Foreigner and is not intended to be and should not be relied upon by users in making (or refraining from making) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision. Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) theforeigner.no are at your sole risk and responsibility. Any information that you receive via theforiegner.no whether or not it is classified as ”real time”, may have ceased to be current by the time it reaches you and therefore may not be entirely accurate.The Foreigner is not responsible for any use of the Foreigner Content by you outside its scope as stated in these terms and conditions.
THE FOREIGNER DOES NOT GIVE ANY WARRANTIES IN RESPECT OF THEFOREIGNER.NO OR THE SERVICES AND FUNCTIONS AVAILABLE ON OR THROUGH THE FOREIGNER. TO THE EXTENT ALLOWED BY APPLICABLE LAW, THE FOREIGNER HEREBY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS OR DUTIES OF EVERY NATURE WHATSOEVER (EXCEPT ANY DUTIES OF GOOD FAITH), INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, ANY EXPRESS OR STATUTORY WARRANTIES, AND ANY WARRANTIES OR DUTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, PERFORMANCE, AVAILABILITY, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT. NEITHER DO WE PROVIDE ANY WARRANTY THAT THEFOREIGNER.NO IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
OUR LIABILITY EXCLUSION
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT THE FOREIGNER WILL NOT BE LIABLE TO YOU FOR ANY LOSSES WHICH RELATE TO YOUR BUSINESS OR INVESTMENT CHOICES OR WHICH ARE NOT A DIRECT CONSEQUENCE OF YOUR USE OF THEFOREIGNER.NO (INCLUDING LOST PROFITS OR LOSS OF PRIVACY OR LOSS OF OR DAMAGE TO DATA) OR WHICH ARISE AS A RESULT OF YOU USING THEFOREIGNER.NO OUTSIDE THE SCOPE OF THESE TERMS AND CONDITIONS.
IN ADDITION TO BUT SEPARATE FROM THE ABOVE SPECIFIC EXCLUSION AND TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU ALSO AGREE THAT THE FOREIGNER WILL NOT BE LIABLE TO YOU FOR ANY OTHER INDIRECT, SPECIAL, CONSEQUENTIAL INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THEFOREIGNER.NO.
YOU AGREE THAT YOUR ONLY OTHER REMEDY (INCLUDING FOR NEGLIGENCE) FOR ANY DAMAGES THAT YOU INCUR ARISING OUT OF YOUR USE OF THEFOREIGNER.NO (TO THE EXTENT THAT THEFOREIGNER.NO'S LIABILITY IS NOT EXCLUDED BY THESE TERMS) IS AS FOLLOWS:
IF YOU HAVE SUBSCRIBED TO RECEIVE ANY PAID FOR SERVICES, YOUR REMEDY IS LIMITED TO THE DIRECT DAMAGES YOU ACTUALLY INCUR ARISING OUT OF YOUR USE OF THEFOREIGNER.NO. THIS IS SUBJECT TO A LIMIT EQUAL TO THE FEE PAID BY YOU TO THE FOREIGNER PURSUANT TO THESE TERMS AND CONDITIONS DURING THE YEAR IN WHICH THE DAMAGE IS INCURRED. YOU MAY AT YOUR OPTION RECEIVE PAID FOR SERVICES TO THE EQUIVALENT VALUE OF THIS LIMIT IN PLACE OF MONETARY DAMAGES.
IF YOU HAVE NOT SUBSCRIBED TO RECEIVE ANY PAID FOR SERVICES, THEN TO THE EXTENT WE CANNOT REMEDY THE RELEVANT FAULT IN THEFOREIGNER.NO, YOUR REMEDY IS LIMITED TO RECEIVING PAID FOR SERVICES AT NO COST UP TO THE VALUE OF THE DIRECT DAMAGES YOU ACTUALLY INCUR ARISING OUT OF YOUR USE OF THEFOREIGNER.NO. THIS IS SUBJECT TO A LIMIT EQUAL TO THE VALUE OF THE HIGHEST THEN APPLICABLE ANNUAL THEFOREIGNER.NO SUBSCRIPTION FEE. YOU MAY NOT RECEIVE MONETARY DAMAGES.
IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT EITHER OF THE ABOVE LIMITS ON OUR LIABILITY ARE UNENFORCEABLE, THEN YOU AGREE THAT IN ANY EVENT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED DAMAGES GREATER THAN TWICE THE VALUE OF THE HIGHEST THEN APPLICABLE ANNUAL THEFOREIGNER.NO SUBSCRIPTION FEE.
The above disclaimers and restrictions on liability apply equally to your use of theforeigner.no and all Foreigner Content.
Without limiting the above, The Foreigner is not liable for matters beyond its control. The Foreigner does not control postal or courier services, telephones, third party communications networks (including your Internet Service Provider), the Internet, acts of God or the acts of third parties.
Notwithstanding anything else contained in the provisions of these terms, to the extent required by applicable law, The Foreigner's liability will not be limited in the case of death or personal injury directly caused by The Foreigner's negligence.
Copyright in any software that is made available for download from theforeigner.no belongs to The Foreigner or its suppliers. Your use of the software is governed by the terms of any licence agreement that may accompany or be included with the software. The Foreigner is not responsible for any technical or other issues that may arise if you download third party software. Do not install or use any software unless you agree to such licence agreement.
theforeigner.no contains advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on theforeigner.no complies with international and national law.The Foreigner will not be responsible for any error or inaccuracy in advertising or sponsorship material.
7. Where this Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them except as may be required by law.
8. By submitting any material (or "User Content") to us, you automatically grant us a royalty-free, perpetual, irrevocable licence to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content; This may include personal information such as your user name and alias and your expressions of opinion. The Foreigner reserves the right to contact you by e-mail with regard to your use of the Forums. You also waive all your moral rights in such materials.
You acknowledge that we are not obliged to publish any material submitted by you.
You agree not to post any material:
- that is threatening, defamatory, offensive, abusive, liable to incite racial hatred, discriminatory, blasphemous, pornographic, in breach of confidence, in breach of privacy; or
- for which you have not obtained all necessary licences and/or approvals; or
- which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK; we will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any such material or;
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); or
- which contains any form of advertising or promotion for goods and services or any chain messages or "spam" ; or
- which contains recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security; or
- which disguises the origin of any material; or
- in impersonating any person or entity (including The Foreigner employees or any other users) or in misrepresenting any affiliation with any person or entity; or
- which is unrelated to any Forum or the Forum's topic; or
- which restricts or inhibits any other user from using the Forums.
You are solely responsible for the content of your User Content. By submitting User Content to any Forum you agree to indemnify The Foreigner from all claims, costs and expenses (including legal expenses) arising out of any User Content posted or published by you that are in breach of these Terms and Conditions. You warrant and represent that you own or otherwise have all of the necessary rights to the User Content that you post on any Foreigner Forum and that you have used best endeavours to ensure that the content is accurate and in compliance with these Terms and Conditions.
The Forums contain User Content submitted by users over whom The Foreigner has no control. The Foreigner cannot guarantee the accuracy, integrity or quality of any User Content. Some users may breach these terms and conditions and post User Content that is misleading, untrue or offensive. You must bear all risk associated with your use of the Forums and should not rely on any User Content or Foreigner Content in making (or refraining from making) any specific investment or other decisions.
Foreigner journalists (who will be clearly identified as such) will also contribute material to the Forums in order to stimulate discussions and ensure the smooth running of the Forums. The Forums may also contain messages from special guests, Forum hosts and or other third parties selected by The Foreigner. The opinions of those Foreigner journalists and special guests/Forum hosts are their own and are not necessarily endorsed by The Foreigner. They should not be considered by you as professional advisers.
It is not possible for The Foreigner to fully and effectively monitor when User Content may infringe the copyright of a third party or other third party rights
If you believe that User Content infringes any legal rights that you may have, you should notify The Foreigner immediately with specific details by contacting us on our contact form.
9. These terms and conditions constitute the entire agreement between you and us relating to the subject matter herein.
If any term, condition, or provision of these terms and conditions is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.
These terms and conditions shall be governed by, and construed in accordance with, English law.
To the extent possible in the applicable jurisdiction, the parties irrevocably agree that the courts of England shall (subject to the paragraph below) have non-exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions.
For the exclusive benefit of The Foreigner and to the extent possible in the applicable jurisdiction, The Foreigner shall retain the right to bring or enforce proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms and conditions are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these terms and conditions or (if different) the country of your principal place of business.