TERMS AND CONDITIONS FOR USE OF THE PABULUM PRODUCTIONS LTD WEBSITE WWW.NIGELLA.COM

WHO WE ARE
www.nigella.com” (“the Website”) is owned and operated by Pabulum Productions Ltd and Pabulum Media Ltd (together "Pabulum"). In these Terms and Conditions “we, our or us”, refers to Pabulum and “Nigella” refers to Nigella Lawson.

You can contact us about the Terms and Conditions at:
Pabulum Productions Ltd
5 Elstree Gate
Elstree Way
Borehamwood
Herts
WD6 1JD

OUR AIM
Both Nigella and Pabulum want the Website to be a place that can be enjoyed by all of our friends and visitors. We hope it will be a place where people can find out about and discuss Nigella and, indeed, anything kitchen related, including food, cooking and eating. In doing so we hope that you will make exciting new discoveries and form friendships.
To achieve our aim we need to have some rules and so have devised the terms and conditions set out below (“the Terms and Conditions”). Please read them carefully because they form the agreement between us as to how we provide the Website to you, how we require you to use it and that you accept and agree to act in accordance with these requirements.

ACCEPTANCE OF TERMS
By accessing the content of the Website you agree to be bound by the Terms and Conditions and you also accept our Privacy Policy. If you object to any of the Terms and Conditions you should not use any of the products or services on the Website and leave immediately.

YOUR USE OF THE WEBSITE
The use of the Website is only for lawful purposes, and so you must use it in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of this site by any third party or expose us or Nigella to actual or potential legal action, negative publicity or reputational damage. Accordingly the type of material that cannot be placed on the Website includes, but is not limited to, conduct which is defamatory, or which may harass, cause distress or inconvenience to any person, the publication of material that infringes another persons rights, including their right to privacy and their intellectual property rights, the transmission of obscene or offensive content or anything that may cause the interruption of the normal flow of dialogue within the Website.

You agree that you shall not use the Website for illegal purposes, and will respect all applicable laws and regulations. You agree not to use the Website in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Website. You also agree not to compromise the security of the Website or attempt to gain access to secured areas or sensitive information.

If you do breach any of the Terms and Conditions you agree to be fully responsible for any claim, expense, liability, losses, costs including legal fees incurred by us or Nigella.

MEMBERS
In order to take full advantage of the Website, and for added services, we encourage you to become a member (“Member”). If and when you decide to become a Member, you agree to (1) provide accurate, current, and complete information about yourself as requested in the appropriate registration form; and (2) maintain and update your information to keep it accurate, current, and complete. You may review, correct, change, or update your membership information by visiting the clubroom section of the Website. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right, at our sole discretion, to suspend or terminate your membership.

If you are under 16 please get a parent's or guardian's permission before becoming a Member and be extra careful never to reveal any personal information about yourself or anyone else (for example, school, telephone number, your full name, home address or email address).

As part of the membership sign in process, you will be asked to select a name that will identify you to other users of the Website (“Member Name”) and a password. You may not choose a Member Name that impersonates someone else, is or may be illegal, is or may be protected by trade mark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion. We reserve the right to reject any Member Name in our sole discretion.

If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts.

We will deal with any information you provide us as a Member in accordance with our Privacy Policy. You are solely responsible for ensuring that your Member information, including the password, are kept confidential and you accept responsibility for any action or posting that is done through your membership. If you have reason to believe that your password is no longer secure, you must promptly change your password by updating your Member information.

At any time we reserve the right to freeze or terminate your membership if, in our sole discretion, we believe you have acted in breach of the Terms and Conditions or the spirit of the Website generally. We may, but are under no obligation, to inform you of our intention to carry out such an act.

FORUM, CLUBROOM & RECIPE SECTION
We encourage you to visit and participate in the Recipes and Clubroom sections of the Website (“the public sections”). We value and enjoy your involvement in these sections and ask you to help us maintain a friendly, safe and informative environment. To do that we have a number of rules as to the nature of any contribution you make to the Website:

• You confirm that your contribution is your own original work, is not defamatory and does not infringe any relevant laws. You also confirm that you have the right to permit Pabulum to use and publish your contribution. We would prefer it if you do not make any person identifiable by your contribution but if that is absolutely necessary you confirm youhave the consent of any third party identifiable in your contribution (or the consent of their parent/guardian if they are under 16).
  
• In making a contribution to the Website you are granting to Pabulum and Nigella, free of charge, irrevocable permission to use the content (including recipes) in any way we want (including modifying and adapting spelling, grammar and content for editorial or compliance reasons) in any format and in any part of the world without acknowledgement to you. Copyright in your contribution will remain with you and, you can continue to use the material in any way including allowing others to use it. If you do not want to grant us permission set out above on these terms, please do not make a contribution.
  
• Once you have made a contribution to the Website we can deal with it in any way we see fit and are under no obligation to either publish or remove your contribution from the Website regardless of whether you ask us to do so or not.
• We may need to contact you in relation to your contribution. Whilst we will always seek to comply with our Privacy Policy you agree that by making a contribution we may contact you by email in relation to your contribution.
• Your contributions will be moderated and so may take up to 24 hours to appear on the Website. The moderators have sole discretion as to what may be posted on the Website and will usually (but without obligation to do so) explain to you why your contribution has been subject to moderation. To assist you any contribution must comply with the following rules:
  • Contributions must be courteous, constructive and tasteful.
  • Unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material is not acceptable.
  • We do not allow the repeated submission of the same or very similar contributions and do not allow threads to go off topic as this gets confusing for Website users.
  • No advertising, promoting or spam is permitted and if you link to another website please ensure that website complies with the Terms and Conditions.
  • Contributions containing languages other than English may be removed
  • No impersonation of other Members or other third parties.

The opinions expressed in the public sections are not necessarily those of Pabulum or Nigella. All statements, advice and opinions made by Members or other person not connected to Pabulum on the Website are those of such person only, and we neither endorse nor shall we be held responsible for the reliability or accuracy of such postings. Under no circumstances will we be liable for any loss or damage caused by a user’s reliance on information obtained through the content and/or any postings the public sections and/or the Website.

MODIFICATION
Pabulum reserve the right to change any part of the Terms and Conditions without notice and your continued use of the Website will be deemed as acceptance of any changes. We advise users to regularly check the Terms and Conditions of this agreement.

Pabulum has complete discretion to modify or remove any part of the Website without warning or liability arising from such action.

LIMITATION OF LIABILITY
Neither Pabulum nor Nigella will in any circumstance be liable for indirect, special, or consequential damages including any loss of business, revenue, profits, or data in relation to your use of the Website.

Nothing within the Terms and Conditions will operate to exclude any liability for death or personal injury arising as result of the negligence of Pabulum, its employees or agents.

INTELLECTUAL PROPERTY
All intellectual property of Pabulum or its partners or Nigella such as trade marks, trade names, patents, registered designs and any other automatic intellectual property rights derived from the aesthetics or functionality of the Website remain the property of Pabulum or its partners or Nigella.

By using the Website you agree to respect the intellectual property rights of Pabulum and its partners or Nigella and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any material contained within the Website.

DATA POSTING
Any information or data you transmit or post on the Website will, subject to our Privacy Policy, be non-confidential and shall belong absolutely to Pabulum. The information may be used by Pabulum or Nigella for any purpose including, but not limited to, reproduction, disclosure to third parties, posting or otherwise at Pabulum’s absolute discretion. You hereby assign to Pabulum (by way of permanent assignment of present and future copyright) all rights of any nature in and to such material throughout the world including all renewals and reversions thereof.

DISCLAIMERS
The information published on the Website, whether by us or a third party is provided on the understanding that the Website is not engaged in rendering advice and should not be wholly relied upon when making any related decision.

The information contained within the Website is provided on an “as is” basis with no warranties expressed or otherwise implied relating to the accuracy, fitness for purpose, compatibility or security of any components of the Website.

We do not guarantee uninterrupted availability of the Website and cannot provide any representation that using the Website will be error free.

Third Party Sites / Links
The Website may contain hyperlinks to websites operated by other parties. Pabulum is not responsible for the availability or content of any third party websites or material you access through this site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Pabulum does not endorse and is not responsible or liable for any content, advertising, products, services or information on or available from third party websites or material (including payment for and delivery of such products or services). Pabulum is not responsible for any damage, loss or offence caused by or, in connection with, any content, advertising, products, services or information available on such websites or material. Any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant provider of the service.

Links to the Website must be direct to any complete content page (and not any part of a page) within the Website and must not be viewed within the pages of any other site. Pabulum disclaims all liability for any legal or other consequences (including for infringement of third party rights) of links made to the Website.

Links do not imply that Pabulum or Nigella together or separately endorse or are affiliated or associated with any linked site, or is legally authorised to use any trade mark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trade mark, trade name, logo or copyright symbol of Nigella, Pabulum or any of its affiliates or partners.

SEVERANCE
If any of the Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which the Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that particular term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining terms and conditions shall survive and continue to be binding and enforceable.

GOVERNING LAW AND JURISDICTION
The Terms and Conditions will be governed by the laws of England and any user of the Website hereby agrees to be bound exclusively by the jurisdiction of English and Welsh courts without reference to rules governing choice of laws.


We hope you enjoy your use of the Website.