TERMS AND CONDITIONS OF USE FOR THE INDEPENDENT NETWORK FORUM
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS FORUM
This is a forum of the Independent Network Campaign Ltd (“the Company”).
Unless specifically stated otherwise, the Company is not responsible for the information relating to the Company on the Forum and makes no warranty in respect of its timeliness, accuracy or availability.
By entering the Forum, you accept, without limitation or qualification, the terms and conditions set out below (“the Terms”) without modification. By accessing and using this Forum, you acknowledge that you are bound by the Terms.
If you do not wish to be bound by the Terms you should not access or use the Forum.
The Company may modify the Terms in its absolute discretion from time to time without individual notice to you. You will be deemed to have accepted any modifications if you continue to use the Forum after they have been posted.
INTELLECTUAL PROPERTY RIGHTS
The Forum, and all the information and graphic representations or images on it other than that added by you or other third-parties (“Content”), are owned by, or licensed to the Company. The copyright and all other intellectual property rights in the Content are the sole and exclusive property of the Company or its licensors.
You may view the Forum on your computer screen and print its contents on your printer for your personal and non-commercial use only. For the avoidance of doubt, anything printed will form part of the Content.
Without the Company’s written consent, you may not use, transfer, copy or reproduce any part of the Content on this forum in whole or in part, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing its content. This includes electronic reproduction by uploading or downloading.
You warrant that it is legal for you to view this site in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing or using the Content.
The Forum is for the personal use of members only and may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by the Company. Illegal and/or unauthorised use of the Forum, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Forum is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges.
You agree not to:
- impersonate another person or use a false name or a name you are unauthorised to use, or create a false identity or origin or e-mail address or try to mislead us or others as to identity or origin of any communications or to provide inaccurate or unreliable contact details;
- disclose or share your password with any third parties or use your password for any unauthorised purpose should you be in possession of a password which allows access to any non-public area of the Forum and agree to immediately notify the Company of any unauthorised use of your registration or password;
- modify, access or make available data stored on a computer or device which you have accessed through our network, when either: the owner of the data, computer or device has taken steps to prevent you from doing this; or the owner has expressed a wish that you do not do this;
- make available or upload files that contain software or other material, data or information not owned by or licensed to you or collect information about others (e.g. names/addresses) without their prior consent;
- damage, interfere with or disrupt access to the Forum or do anything which might impair its functionality;
- use the Forum in any way to send unsolicited (commercial or otherwise) e-mail (“Spam”) or any material for marketing or publicity purposes, or any similar abuse of either;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Forum;
- publish, post, distribute, disseminate or otherwise transmit any information which we in our sole discretion consider to be defamatory; offensive; infringing; obscene; indecent; vulgar; harassing; threatening; abusive; hateful; racist; sexist; discriminatory; of a menacing character or likely to cause annoyance, inconvenience, embarrassment or anxiety to any person; or otherwise unlawful or objectionable
- make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “trojan horses”, “worms”, or any other harmful software;
- falsify the true ownership of software or other material or information contained in a file made available via the Forum;
- obtain or attempt to obtain unauthorised access, through whatever means, to the Forum including, but without limitation to, any violation or attempt to violate the security of the Forum by means of (a) accessing data not intended for you or logging into a server or account which you are not authorised to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (c) attempting to interfere with service to any user, host or network including, without limitation, via means of submitting a virus to the Forum, overloading, "flooding", "spamming", "mailbombing" or "crashing", or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Note, violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users if you are involved in such violations (also see “USER CONTACT below”).
NO UNLAWFUL OR PROHIBITED USE
You undertake to the Company that you will not use the Forum for any purpose or in any way that is prohibited by these Terms or is otherwise unlawful.
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees, licensors and agents in respect of any loss that it or they may suffer as a result, directly or indirectly, of any breach by you of this undertaking. This indemnity includes but is not limited to any claims, actions or demands including, without limitation, reasonable legal and accounting fees, alleging or resulting from (i) any material you provide to the Forum, (ii) any Forum content that you use or (iii) your breach of the terms of these Terms and Conditions. The Company shall provide notice to you promptly of any such claim, suit or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
In the event that you become involved in a dispute with one or more other users, you release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any such dispute.
In addition to the provisions outlined above regarding use of the Forum, as a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using the Forum you agree not to, do the following things:
- post material that is copyrighted unless you are the copyright owner or have the permission of the copyright owner to post it;
- post material that reveals trade secrets unless you own them or have the permission of the owner;
- post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
- post a sexually-explicit image or statement;
- post advertisements or solicitations of business; or
- post chain letters or pyramid schemes.
We appreciate hearing from you and welcome your comments regarding our services and Forum. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions or other information (collectively the "Submission"), the Submission shall be the property of the Company. None of the Submission shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. The Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the Submission.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material placed by you on the Forum.
You agree that you use the Forum entirely at your own risk.
In preparing this Forum, the Company has endeavoured to offer current, correct and clearly expressed information. However, the Company cannot guarantee that the information will be accurate, complete or current at all times and accepts no liability for any reliance placed by any person on the information.
The Company makes no representations or warranties of any kind about the suitability, reliability, timeliness, and accuracy of the information contained on this forum for any purpose. The Company expressly disclaims all warranties and conditions with regard to this information, including, without limitation, warranties of technical efficiency, satisfactory quality, availability, non-infringement, completeness and fitness for a particular purpose.
This forum may contain advertisements. The Company is not responsible for and does not endorse the content of such advertisements, and does not accept any responsibility for any errors or inaccuracies in such advertising material.
The Company shall not be liable for any damages whatsoever, including but without limitation to, damages for loss of use, data or profits, arising out of the use or performance of this forum, the provision of or failure to provide services, or for any information obtained through this forum, or otherwise arising out of the use of this forum, whether based on contract, tort, or otherwise, without limitation, even if the Company has been advised of the possibility of damage.
Notwithstanding anything in these terms, the Company does not disclaim liability for death or injury caused by its own negligence.
The Company reserves the right to remove any information or material on the Forum without warning, and without prejudice to any other accrued rights, and/or make available such information or material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organisations.
The Company reserves the right at any time to modify or discontinue, temporarily or permanently, your access to or use of the Forum with or without notice.
VIRUS PROTECTION AND COMPATIBILITY
While certain precautions have been taken to detect computer viruses and ensure security, the Company cannot guarantee that the Forum is virus-free and secure.
The Company shall not be liable for any loss or damage which occurs as a result of any virus or breach of security. The Company does not give any warranties as to the compatibility of the Forum with your computer systems, software and/or hardware.
LINKS TO THIRD PARTY SITES
This forum contains links to websites operated by parties other than the Company (“Third Party Forums”). These links are provided for your convenience. When you activate one of them, you will leave the Forum. The Company has no control over external websites, and will accept no responsibility for or liability in respect of, material on any we that is not under its control.
The inclusion of links to Third Party Forums does not imply any endorsement of the material on them or any association with their operators.
The Company may restrict your access to the Forum, refuse to correspond with you, and/or remove your details from the relevant database without prejudice to any other accrued rights, without prior notice to you where:
- there is a regulatory or statutory change limiting the ability to provide access to the Forum;
- there is any event beyond the reasonable control of the Company preventing the Company from providing access to the Forum (for example, and without limitation, technical difficulties, capacity problems and communications failures);
- the Company considers in its sole discretion that you are abusing the Forum or are otherwise acting in breach of these Terms.
The Company reserves the right to monitor and track your visits to the Forum.
Those who choose to access the Forum from locations outside of the UK are responsible for compliance with local laws if and to the extent local laws are applicable.
A failure or delay by the Company in enforcing compliance with these Terms shall not be a waiver of that or any other provision of these Terms.
None of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.
If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
These Terms constitute the entire agreement between you and the Company as to your use of the Forum and shall supersede any prior agreement or representation in respect thereof.
The express provisions of these Terms are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
Any and all notices to be given by either one of us to the other pursuant to or in connection with these Terms shall be deemed sufficiently given when forwarded by e-mail or facsimile transmission in each case addressed to you at the e-mail address or facsimile number you have given us or to us firstname.lastname@example.org
English law governs these terms and conditions. You submit to the non-exclusive jurisdiction of the English courts.
COPYRIGHT AND TRADE MARK NOTICES:
All contents of this forum are: Copyright 2010 Independent Network Campaign LTD.