ACCEPTANCE OF TERMS.
DESCRIPTION OF SERVICES.
Through the Site and its related properties, the Company provides you with access to and the ability to purchase products, receive services and other information, and, subject to certain membership enrollment requirements, to participate in one of more communication forums (collectively referred to as the “Services”). The Services, including any updates, enhancements, new features, and/or the addition of other Site properties, are subject to this TOU.
NOTICE SPECIFIC TO DOCUMENTS AND OTHER INFORMATION POSTED ON THE SITE.
As mentioned above, the Site and its related properties provide certain users with the opportunity to participate in one or more communication forums as part of the Services. The Company grants permission to view, access and/or use Site video content, documents (such as white papers, press releases, datasheets, FAQs, PDF files, etc.) and other materials (the “Content”) from the Services provided that (1) your use of the Content made available through the Services or the Site does not violate the terms and conditions of these TOU, (2) your use of the Content made available through the Services or the Site is informational and non-commercial/personal use only and it will not be copied to or posted on any network computer, website, unaffiliated communication forum, social network or otherwise broadcast in any form of media, and (3) no modifications are made to any Content. Accredited educational institutions, universities, private/public colleges, and community colleges, may download and reproduce Content for distribution in the classroom on a limited basis. Distribution of Content outside the classroom requires the Company’s express written permission. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The above-specified Content does not include the design or layout of the Site or any other material owned, operated, licensed or controlled through the Site. Elements of the Site are protected by copyright, trade dress, trademark, unfair competition and other governing laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from this Site may be copied or retransmitted unless expressly permitted in writing by the Company.
The Company and/or its respective affiliates, service providers and suppliers make no representations about the suitability for any purpose of the information contained in whole or in-part in any Content and/or as represented in any related graphics published as part of the Services. All such Content and related graphics are provided on an, “as is” basis and without warranty of any kind. The Company and/or its respective affiliates, service providers and suppliers hereby disclaim all warranties and conditions of merchantability (whether express, implied or statutory), fitness for a particular purpose, title and non-infringement. In no event shall the Company and/or its respective affiliates, service providers and suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use, dissemination, viewing, response to or performance of any content, information, product, data, merchandise, graphic image or other media represented on, purchased through or related to information posted on or disseminated in connection with the Site or the Services made available on the Site.
The Content, information, listings, postings, communications and related graphics published or otherwise disseminated or viewed in connection with the Services could include technical inaccuracies, typographical errors, or misstatements of condition, quality or otherwise. The Company is not responsible for, and makes no representations, warranties or assurances concerning information posted on, available through or otherwise acquired, purchased, exchanged or hypothecated through use of or related to the Services made available on the Site in any manner.
LIMITATION OF LIABILITY FOR SERVICES MADE AVAILABLE ON THE SITE.
In no event shall the Company and/or its respective agents, affiliates, service providers, suppliers or subsidiaries be liable for any actual, special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of, transaction with third parties based on postings, listings, Content or other information available through or in connection with the Services accessible through the Site. You expressly agree that the laws of the United kingdom, without regard for any applicable conflict of laws principles, shall apply to any dispute concerning your use of the Services, Content or any other matter related to the Site. You further expressly agree and consent to the exercise of personal jurisdiction in the United Kingdom for any dispute concerning your use of the Services, Content, the TOU or any other matter relating to the Site. You additionally expressly agree to and consent to a court of competent jurisdiction located in Bromley, Kent as providing the exclusive venue for any dispute concerning your use of the Services, Content, the TOU or any other matter relating to the Site.
MEMBER ACCOUNT, PASSWORD AND SECURITY.
If any of the Services requires you to open an account, you must complete the registration process by providing the Company with current, complete and accurate information as prompted by the applicable registration form. You may also be required to select a password and/or a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Company of any unauthorized use of your account or any breach of security. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Company or another party due to someone else using your account or password. You may not use the account or password of any other member or user of the Services made available on the Site without the express permission said member or user of the Services.
NO UNLAWFUL OR PROHIBITED USE OF CONTENT AND SERVICES.
As an express condition of your use of the Services and Content made available on the Site, you agree not to use the Services and Content for any purpose that is unlawful or prohibited by the TOU or any other terms, conditions, and notices issued by the Company that are related to the Site. You may not use the Services and/or Content in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or interfere with any other party’s use and enjoyment of the Services and/or Content. You may not attempt to gain unauthorized access to any Services, Content, other accounts, computer systems or networks connected to any server or to any of the Services and/or Content, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any deceptive means or acts of misrepresentation, falsehood or fraud through use of the Services and/or Content.
USE OF SERVICES AND CONTENT MADE AVAILABLE ON THE SITE.
The Services and Content made available to you may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages and/or other message or communication facilities designed to enable you to communicate with others (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
¥ Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
¥ Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
¥ Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another’s computer or property of another;
¥ Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to for the same;
¥ Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise);
¥ Advertise or offer to sell or buy any goods or services through acts of deception, misrepresentation, fraud, or through the nondisclosure or withholding of material information related to the offered, sold or purchased goods or services;
¥ Use any material or information, including images or photographs, which are made available through the Services and/or Content in any manner that infringes any copyright, trademark, patent, trade secret, or other propriety right of any party;
¥ Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
¥ Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service;
¥ Restrict or inhibit any other user from using and enjoying the Communication Services;
¥ Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
¥ Harvest or otherwise collect information about others, including e-mail addresses;
¥ Violate any applicable laws or regulations;
¥ Use download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof; and
¥ Create a false identity for the purpose of misleading others.
The Company has no obligation to monitor the Communication Services or material posted on, listed on or otherwise disseminated through the Services. The Company, however, reserves the right to review materials posted to the Communication Services and to remove any and all material appearing on the Site with or without cause in its sole and absolute discretion. The Company further reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or material, in whole or in part, appearing on the Site in its sole and absolute discretion.
The Company does not control or endorse the content, postings, listings, messages or information found in any Communication Services or related to the Services and Content and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and/or with regard to the Services and/or Content and any action resulting from your participation in any Communication Services, the Services and/or Content.
The company may upload Content or other material to the Communication Services and may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials. Any user-uploaded materials are strictly subject to the conditions set forth in these TOU.
MATERIALS SUBMITTED TO OR POSTED ON THE SITE.
The Company claims ownership and related rights of and to the Content, Services, graphical design, layout and related aspects of the Site. The Company does not claim ownership of the materials, information, posting, listings or other information provided to the Site (including feedback and suggestions) or posted, uploaded, imputed or submitted by third party users and/or members in connection with any Services, Content, Communication Services or associated services made available to the general public, membership community, Site visitors or by the members of any public or private community (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting the Company, its affiliate companies and necessary sub-licensees permission to use your Submission in connection with the Services and Communication Services, including, without limitation, an express right of license to: (1) copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; (2) to publish your name in connection with your Submission; and (3) the right to sublicense such rights to any subsidiaries, respective agents, affiliates, service providers or suppliers associated with the Services made available on the Site.
No compensation or commission will be paid by or otherwise owed by the Company to you with respect to the use of the Services, any Submissions or Postings. The Company is under no obligation to post or use any Submission you may provide for dissemination on the Site or through the Communication Services. The Company may remove the entirety, or any portion thereof, of any Submission and/or Posting at any time in its absolute and sole discretion for any reason whatsoever.
By Posting and/or making a Submission for dissemination on the Site or through the Communication Services, you expressly warrant and represent that you own or otherwise control all of the rights to the information, Content or other material contained in or associated you’re your Submission as described on these TOU including, without limitation, all the rights necessary to lawfully and without liability provide, post, upload, input or facilitate a Submission and/or Posting.
In addition to the warranty and representation set forth above, by Posting a Submission that contains images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these TOU and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these TOU, and (c) that each person depicted in such Images, if any, has provided consent to use of the Images as set forth in these TOU, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting or making a Submission containing Images, you are granting express permission to view the Images in connection with the use, as permitted by these TOU, of any of the Services and Communication Services made available on the Site to (a) all users of the Services and/or Communication Services and/or (b) to the general public (for each such Image made available or otherwise disseminated in connection with any of the Services, Communication Services or anywhere on the Site). No compensation or commissions will be paid by the Company, or to any user of the Services or the Site, with respect to your use, Submission or Posting of Images unless otherwise agreed to in writing.
This last section requires the uk equivalent
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notification of claimed copyright infringement should be sent to the Company designated agent via electronic mail to firstname.lastname@example.org containing the phrase “Copyright Infringement Notification” in the subject matter line or through U.K. Mail addressed to Ultimate Business Limited – Copyright Infringement Notification, 8 Twistleton Court, Priory Hill, Dartford, Kent, DA1 2EN. The Company will not provide a response to any inquiry transmitted or sent to its designated agent that is not relevant to the foregoing copyright infringement notification procedure.
Any rights not expressly granted herein by the Company to the visitors, users or members of the Services and/or Content made available through the Site are reserved.
Why you may have received unsolicited e-mails or e-mails from unfamiliar senders?
On occasion, you may receive what appears to be an unsolicited e-mail or an e-mail from a sender you do not know. Depending on the circumstances, these e-mails may or may not violate this Spam Policy or the TOU. For instance, the following are examples of permissible circumstances under which a potentially unsolicited e-mail or an e-mail from an unknown may have been received by you:
¥ You may have signed up for an associated website’s and/or affiliate’s newsletters, promotions or services and have forgotten having done so;
¥ You have an existing relationship (i.e., purchased something or use certain services) with an associated website and/or affiliate; and/or
¥ Someone may have signed you up to receive an associated website’s and/or affiliate’s newsletters, promotions, services or e-mail communications without permission to do so.
Under the foregoing scenarios, the e-mail communication received would not violate the Company’s Spam Policy or TOU because it would have been authorised, or at least appear to have been authorised, by you or there is an existing relationship between you and the sender. Despite these circumstances, however, you may wish to stop receiving these e-mail communications.
What you can do to stop receiving unwanted e-mail communications.
The first thing you can do is see if the unwanted e-mail communication contains a hyperlink at the bottom of the message for opting out of or removing your e-mail address from future e-mail transmissions. If so, click on the hyperlink at the bottom of the message that is designated for opting out or removing you from further e-mail transmissions from the sender in order to stop receiving them in the future. If you click on the “remove” link at the end of a message sent by the Company or an associated website, you will be automatically removed from the customer subscriber list used to generate the e-mail communication.
Circumstances may arise where you have received spam in violation of this Spam Policy and the TOU. To report abusive e-mail activity, please send an e-mail to email@example.com that provides a description of the e-mail content, subject matter and sender’s identity so the Company can investigate the matter and, if warranted, appropriate action can be taken.
How the Company protects against spam originating from its servers.
The Company takes several steps to protect its online community from spam originating from its servers. To begin with, the Company only sends e-mail communications those who have provided their e-mail address and have indicated an interest in receiving future offers, newsletters, promotions and other information. Next, the Company carefully guards the information provided by its members and customers. For instance, e-mail addresses provided to the Company are securely maintained and access to this information is restricted. Furthermore, the Company endeavors to personalize its e-mail communications with information that demonstrates an existing relationship with those who receive e-mail messages from it.
The Company also does not allow any associated website or affiliate to send offers, newsletters, promotions and other information to those who have not requested them. Any such e-mail communications violate this Spam Policy and the TOU.
Moreover, the Company uses specific tools to make sure no one is signed up to a newsletter against their wishes. The Company additionally provides opt out or removal hyperlinks at the bottom of its outgoing e-mail communications.
The Company takes every reported spam incident seriously. In doing so, the Company carefully considers each reported spam incident in view of the customer or member’s cumulative behavior while using the Website and its related services or features.
What happens when an associated website or an affiliate is accused of spamming?
The Company takes the following steps if it receives a spam complaint involving an associated website or an affiliate:
¥ The Company immediately checks to see if the associated website or affiliate is receiving an inordinate number of spam complaints, which may indicate a breakdown in protocol or some other procedure that requires corrective action;
¥ If, after reviewing the spam complaints, the Company finds a mailing list to be compromised or questionable, it will restrict access by the website or affiliate in question until it is provided with an affidavit sufficiently attesting that the website or affiliate is in compliance with the Company’s Spam Policy and that it is not sending spam. An authorized representatives of the website or affiliate must sign the affidavit and its contents must be approved by the Company before any services or access is reinstated; and
¥ The Company will not do business with any website or affiliate that refuses to agree to the Spam Policy, the TOU or any other agreement required by it. Moreover, the Company reserves the right, which may be exercised in its sole discretion, to terminate any business relationship with a website or affiliate that violates the Spam Policy or the TOU whether or not action is allegedly taken to remedy the circumstances giving rise to the violation.
Why a website or an affiliate named in a spam complaint is not simply cut-off.
Some may believe that the Company should immediately cut-off a website or an affiliate that is named in a spam complaint. The Company has decided against doing so. This is because the Company believes that such action would compromise legitimate e-mail Website-related communications and that it would be unfair to its members/customers. A number of possible scenarios exist whereby a website or an affiliate might be accused of sending spam e-mail communications despite having complied with the Spam Policy and TOU. In some cases, a spam complaint might be made by a disgruntled employee, dissatisfied customer or competitor seeking to disrupt Website access for an ulterior, improper purpose. Moreover, in many other cases, the Company may receive a spam complaint from someone who has simply forgotten he or she signed up to receive an e-mail communication from a website or an affiliate.
In short, the Company must investigate, evaluate and judge each spam complaint on its merits. The Company would not be effectively serving its members/customers by immediately refusing to do business with anyone before it has an opportunity to investigate and consider the circumstances of a spam complaint.
Changes to Spam Policy.
The Company, in its sole and absolute discretion, may change, alter, amend or modify this Spam Policy without notice to members, customers, affiliates and others by posting a copy of the newly operative version on the Website. All members, customers, affiliates and others that are subject to the Company’s Spam Policy shall be obligated to familiarize themselves with its terms and conditions together with periodically reviewing the Spam Policy posted on the Website for any changes, alternations, amendments or modifications to it.
How can I ask questions or raise concerns about the Spam Policy?
Please send any questions or concerns about the Spam Policy via e-mail to: firstname.lastname@example.org
PERSONAL DATA COLLECTION
You may be asked to provide the Company with information that personally identifies you or allows us to contact you (“Personal Data”), if necessary, to carry out a transaction or other service that you have requested in connection with use of the Site. The Personal Data the Company gathers, if necessary, may include your name, title, company or organisation name, e-mail address, work phone, work or home address, information about your job function, information about your company and credit card information, as well as additional information that may be necessary to provide services offered on or in connection with the Site.
The Company may additionally collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you accessed the Internet; the date and time you accessed the Site; the pages that you have accessed while at the Site and the Internet address of the website from which you linked directly to the Site. This information is used to help the Company improve the Site, analyze trends and administer the Site.
In order to avoid your e-mail address or other personal information from being gathered and used by others for inappropriate and harmful purposes, the Company strongly advises that you use exercise extreme caution when posting your e-mail address or other personal information to newsgroups, chats, listings or other public forums on the Site or any other website.
PERSONAL DATA USE
The Personal Data collected on the Site will be used to operate the Site and to provide service(s) and/or carry out the transaction(s) you have requested or authorized in connection with the Site.
The Company may use Personal Data to provide you with customer service for Site improvements, any related products or services or to otherwise customize the Site to your particular preferences or interests.
The Company may use personal information or Personal Data to provide you with important information about the products or services that you are using, to inform or inquire about products, services or matters related to the Site, which may include updates and notifications. Additionally, we may send you information about other products, services and/or share information with partners and affiliates so that they may send you information about certain products and services.
When you sign up for or agree to receive promotional e-mail or other offers made in connection with or via use of the Site, the Company may use customized links or similar technologies to track e-mail links that you click. The Company may associate that information with your personal information or Personal Data in order to provide you more focused e-mail communications, use of the Site or other services and information related to, offered on or available through the Site. The Company will provide means to unsubscribe to e-mail communications that allows you to stop delivery of that type of communication.
We may disclose your personal information and/or Personal Data if required to do so by law or in good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on the Site or the Company; (b) protect and defend the rights or property of the Site or the Company; or (c) act in urgent circumstances to protect the personal safety of employees or agents, user of this Site’s products or services, or members of the public.
Personal information and Personal Data collected on the Site may be stored and processed in the United Kingdom or any other country in which the Company or its affiliates, subsidiaries or agents maintain facilities. By using this Site, you consent to any such transfer or information outside of your country.
CONTROL OF YOUR PERSONAL DATA
Except as otherwise described in this statement, personal information and Personal Data provided to the Company with regard to use of the Site will not be shared outside of this Site and its controlled subsidiaries and affiliates without your permission.
The Company may send out periodic e-mails informing you of certain services or products offered by it, its subsidiaries and affiliates, concerning technical services or security issues related to a product or service you requested or otherwise related to your use of the Site, or confirming a requested product or service related to the Site. Contact with the customer is an intrinsic part of the product or service being offered. You will not be able to unsubscribe to these e-mails as they are considered an essential part of the product(s) or service(s) you have chosen.
PERSONAL DATA SECURITY
The Company is committed to protecting the security of your Personal Data. The Company, through its selected service providers, uses a variety of security technologies and procedures to help protect your personal information and Personal Data from unauthorised access, use or disclosure.
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