Your relationship with this site
1.1 Your use of this site's products, software, services and web sites (referred
to collectively as the “Services” in this document and excluding any services
provided to you by this site under a separate written agreement) is subject to
the terms of a legal agreement between you and this site. This document explains
how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with this site, your agreement with this
site will always include, at a minimum, the terms and conditions set out in this
document. These are referred to below as the “Universal Terms”.
1.3 Your agreement with this site will also include the terms of any Legal
Notices applicable to the Services, in addition to the Universal Terms. All of
these are referred to below as the “Additional Terms”. Where Additional Terms
apply to a Service, these will be accessible for you to read either within, or
through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally
binding agreement between you and this site in relation to your use of the
Services. It is important that you take the time to read them carefully.
Collectively, this legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between what the Additional Terms say and what
the Universal Terms say, then the Additional Terms shall take precedence in
relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not
use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made
available to you by this site in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that
this site will treat your use of the Services as acceptance of the Terms from
that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not
of legal age to form a binding contract with this site, or (b) you are a person
barred from receiving the Services under the laws of the United States or other
countries including the country in which you are resident or from which you use
the Services.
2.4 Before you continue, you should print off or save a local copy of the
Universal Terms for your records.
3. Language of the Terms
3.1 Where this site has provided you with a translation of the English language
version of the Terms, then you agree that the translation is provided for your
convenience only and that the English language versions of the Terms will govern
your relationship with this site.
3.2 If there is any contradiction between what the English language version of
the Terms says and what a translation says, then the English language version
shall take precedence.
4. Provision of the Services by this site
4.1 This site is constantly innovating in order to provide the best possible
experience for its users. You acknowledge and agree that the form and nature of
the Services which this site provides may change from time to time without prior
notice to you.
4.2 As part of this continuing innovation, you acknowledge and agree that this
site may stop (permanently or temporarily) providing the Services (or any
features within the Services) to you or to users generally at this site’s sole
discretion, without prior notice to you. You may stop using the Services at any
time. You do not need to specifically inform this site when you stop using the
Services.
4.3 You acknowledge and agree that if this site disables access to your account,
you may be prevented from accessing the Services, your account details or any
files or other content which is contained in your account.
4.4 You acknowledge and agree that while this site may not currently have set a
fixed upper limit on the number of transmissions you may send or receive through
the Services or on the amount of storage space used for the provision of any
Service, such fixed upper limits may be set by this site at any time, at this
site’s discretion.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide
information about yourself (such as identification or contact details) as part
of the registration process for the Service, or as part of your continued use of
the Services. You agree that any registration information you give to this site
will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a)
the Terms and (b) any applicable law, regulation or generally accepted practices
or guidelines in the relevant jurisdictions (including any laws regarding the
export of data or software to and from the United States or other relevant
countries).
5.3 You agree not to access (or attempt to access) any of the Services by any
means other than through the interface that is provided by this site, unless you
have been specifically allowed to do so in a separate agreement with this site.
You specifically agree not to access (or attempt to access) any of the Services
through any automated means (including use of scripts or web crawlers) and shall
ensure that you comply with the instructions set out in any robots.txt file
present on the Services.
5.4 You agree that you will not engage in any activity that interferes with or
disrupts the Services (or the servers and networks which are connected to the
Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement
with this site, you agree that you will not reproduce, duplicate, copy, sell,
trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that this site has no
responsibility to you or to any third party for) any breach of your obligations
under the Terms and for the consequences (including any loss or damage which
this site may suffer) of any such breach.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the
confidentiality of passwords associated with any account you use to access the
Services.
6.2 Accordingly, you agree that you will be solely responsible to this site for
all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your
account, you agree to notify this site immediately.
7. Privacy and your personal information
7.1 This site and/or third party vendors may uses cookies to serve ads on this site.
The cookie enables this site or thrid party vendors to serve ads to users based on their
visit to this sites and other sites on the Internet.
7.2 You agree to the use of your data in accordance with this site’s privacy
policies.
8. Content in the Services
8.1 You understand that all information (such as data files, written text,
computer software, music, audio files or other sounds, photographs, videos or
other images) which you may have access to as part of, or through your use of,
the Services are the sole responsibility of the person from which such content
originated. All such information is referred to below as the “Content”.
8.2 You should be aware that Content presented to you as part of the Services,
including but not limited to advertisements in the Services and sponsored
Content within the Services may be protected by intellectual property rights
which are owned by the sponsors or advertisers who provide that Content to this
site(or by other persons or companies on their behalf). You may not modify,
rent, lease, loan, sell, distribute or create derivative works based on this
Content (either in whole or in part) unless you have been specifically told that
you may do so by this site or by the owners of that Content, in a separate
agreement.
8.3 This site reserves the right (but shall have no obligation) to pre-screen,
review, flag, filter, modify, refuse or remove any or all Content from any
Service. For some of the Services, this site may provide tools to filter out
explicit sexual content. In addition, there are commercially available services
and software to limit access to material that you may find objectionable.
8.4 You understand that by using the Services you may be exposed to Content that
you may find offensive, indecent or objectionable and that, in this respect, you
use the Services at your own risk.
8.5 You agree that you are solely responsible for (and that this site has no
responsibility to you or to any third party for) any Content that you create,
transmit or display while using the Services and for the consequences of your
actions (including any loss or damage which this site may suffer) by doing so.
9. Proprietary rights
9.1 You acknowledge and agree that this site (or this site’s licensors) own all
legal right, title and interest in and to the Services, including any
intellectual property rights which subsist in the Services (whether those rights
happen to be registered or not, and wherever in the world those rights may
exist). You further acknowledge that the Services may contain information which
is designated confidential by this site and that you shall not disclose such
information without this site’s prior written consent.
9.2 Unless you have agreed otherwise in writing with this site, nothing in the
Terms gives you a right to use any of this site’s trade names, trade marks,
service marks, logos, domain names, and other distinctive brand features.
9.3 If you have been given an explicit right to use any of these brand features
in a separate written agreement with this site, then you agree that your use of
such features shall be in compliance with that agreement, any applicable
provisions of the Terms, and this site's brand feature use guidelines as updated
from time to time.
9.4 Other than the limited license set forth in Section 11, this site
acknowledges and agrees that it obtains no right, title or interest from you (or
your licensors) under these Terms in or to any Content that you submit, post,
transmit or display on, or through, the Services, including any intellectual
property rights which subsist in that Content (whether those rights happen to be
registered or not, and wherever in the world those rights may exist). Unless you
have agreed otherwise in writing with this site, you agree that you are
responsible for protecting and enforcing those rights and that this site has no
obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any proprietary
rights notices (including copyright and trade mark notices) which may be affixed
to or contained within the Services./p>
99.6 Unless you have been expressly authorized to do so in writing by this site,
you agree that in using the Services, you will not use any trade mark, service
mark, trade name, logo of any company or organization in a way that is likely or
intended to cause confusion about the owner or authorized user of such marks,
names or logos.
10. License from this site
10.1 This site gives you a personal, worldwide, royalty-free, non-assignable and
non-exclusive licence to use the software provided to you by this site as part
of the Services as provided to you by this site (referred to as the “Software”
below). This licence is for the sole purpose of enabling you to use and enjoy
the benefit of the Services as provided by this site, in the manner permitted by
the Terms.
10.2 You may not (and you may not permit anyone else to) copy, modify, create a
derivative work of, reverse engineer, decompile or otherwise attempt to extract
the source code of the Software or any part thereof, unless this is expressly
permitted or required by law, or unless you have been specifically told that you
may do so by this site, in writing.
10.3 Unless this site has given you specific written permission to do so, you
may not assign (or grant a sub-licence of) your rights to use the Software,
grant a security interest in or over your rights to use the Software, or
otherwise transfer any part of your rights to use the Software.
11. Content licence from you
111.1 You retain copyright and any other rights you already hold in Content which
you submit, post or display on or through, the Services. By submitting, posting
or displaying the content you give this site a perpetual, irrevocable,
worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify,
translate, publish, publicly perform, publicly display and distribute any
Content which you submit, post or display on or through, the Services. This
licence is for the sole purpose of enabling this site to display, distribute and
promote the Services and may be revoked for certain Services as defined in the
Additional Terms of those Services.
11.2 You agree that this licence includes a right for this site to make
such Content available to other companies, organizations or individuals with
whom this site has relationships for the provision of
syndicated services, and to use such Content in connection with the provision of
those services.
11.3 You understand that this site, in performing the
required technical steps to provide the Services to our users, may (a) transmit
or distribute your Content over various public networks and in various media;
and (b) make such changes to your Content as are necessary to conform and adapt
that Content to the technical requirements of connecting networks, devices,
services or media. You agree that this licence shall permit this site to take these
actions.
11.4 You confirm and warrant to this site that you have all the rights, power and
authority necessary to grant the above licence./p>
12. Software updates
112.1 The Software which you use may automatically download and install updates
from time to time from this site. These updates are
designed to improve, enhance and further develop the Services and may take the
form of bug fixes, enhanced functions, new software modules and completely new
versions. You agree to receive such updates (and permit this site to deliver these
to you) as part of your use of the Services.
13. Ending your relationship with this site
13.1 The Terms will continue to apply until terminated by either you or this site as set out below.
113.2 If you want to terminate your legal agreement with this
site, you may do so by (a) notifying this site at
any time and (b) closing your accounts for all of the Services which you use,
where this site has made this option available to you.
Your notice should be sent, in writing, to this site’s
address which is set out at the beginning of these Terms.
13.3 This site may at any time, terminate its legal
agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which
clearly shows that you do not intend to, or are unable to comply with the
provisions of the Terms); orp>
(B(B) This site is required to do so by law (for example,
where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom this site offered the Services
to you has terminated its relationship with this site or
ceased to offer the Services to you; or
(D) This site is transitioning to no longer providing the
Services to users in the country in which you are resident or from which you use
the service; or
(E) the provision of the Services to you by this site is,
in this site’s opinion, no longer commercially viable.
13.4 Nothing in this Section shall affect this site’s
rights regarding provision of Services under Section 4 of the Terms.
13.5 When these Terms come to an end, all of the legal rights, obligations and
liabilities that you and this site have benefited from,
been subject to (or which have accrued over time whilst the Terms have been in
force) or which are expressed to continue indefinitely, shall be unaffected by
this cessation, and the provisions of paragraph 20.7 shall continue to apply to
such rights, obligations and liabilities indefinitely.
14. EXCLUSION OF WARRANTIES
1414.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR
LIMIT THIS SITE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY
EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH
OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE
LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR
LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR
SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”p>
1414.3 IN PARTICULAR, THIS SITE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS
LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,p>
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM
ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL
BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO
YOU AS PART OF THE SERVICES WILL BE CORRECTED.
14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
THIS SITE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TERMS.
14.6 THIS SITE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
15. LIMITATION OF LIABILITY
1515.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY
UNDERSTAND AND AGREE THAT THIS SITE, ITS SUBSIDIARIES AND
AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES
WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY..
THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED
DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS
OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER
INTANGIBLE LOSS;p>
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED
TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY
ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND
ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH THIS SITE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR
TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE
SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER
COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE
SERVICES;
(III) YOUR FAILURE TO PROVIDE THIS SITE WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND
CONFIDENTIAL;
15.2 THE LIMITATIONS ON THIS SITE’S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL
APPLY WHETHER OR NOT THIS SITE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE
POSSIBILITY OF ANY SUCH LOSSES ARISING.
16. Copyright and trade mark policies
16.1 It is this site’s policy to respond to notices of alleged copyright
infringement that comply with applicable international intellectual property law
(including, in the United States, the Digital Millennium Copyright Act) and to
terminating the accounts of repeat infringers.
16.2 This site operates a trade mark complaints procedure in respect of this site’s
advertising business.
17. Advertisements
17.1 Some of the Services are supported by advertising revenue and may display
advertisements and promotions. These advertisements may be targeted to the
content of information stored on the Services, queries made through the Services
or other information.
17.2 The manner, mode and extent of advertising by this site on the Services are
subject to change without specific notice to you.
17.3 In consideration for this site granting you access to and use of the Services,
you agree that this site may place such advertising on the Services.
18. Other content
18.1 The Services may include hyperlinks to other web sites or content or
resources. This site may have no control over any web sites or resources which are
provided by companies or persons other than this site.
18.2 You acknowledge and agree that this site is not responsible for the
availability of any such external sites or resources, and does not endorse any
advertising, products or other materials on or available from such web sites or
resources.
18.3 You acknowledge and agree that this site is not liable for any loss or damage
which may be incurred by you as a result of the availability of those external
sites or resources, or as a result of any reliance placed by you on the
completeness, accuracy or existence of any advertising, products or other
materials on, or available from, such web sites or resources.
19. Changes to the Terms
19.1 This site may make changes to the Universal Terms or Additional Terms from
time to time.
19.2 You understand and agree that if you use the Services after the date on
which the Universal Terms or Additional Terms have changed, this site will treat
your use as acceptance of the updated Universal Terms or Additional Terms.
20. General legal terms
20.1 Sometimes when you use the Services, you may (as a result of, or through
your use of the Services) use a service or download a piece of software, or
purchase goods, which are provided by another person or company. Your use of
these other services, software or goods may be subject to separate terms between
you and the company or person concerned. If so, the Terms do not affect your
legal relationship with these other companies or individuals.
20.2 The Terms constitute the whole legal agreement between you and this site and
govern your use of the Services (but excluding any services which this site may
provide to you under a separate written agreement), and completely replace any
prior agreements between you and this site in relation to the Services.
20.3 You agree that this site may provide you with notices, including those
regarding changes to the Terms, by email, regular mail, or postings on the
Services.
20.4 You agree that if this site does not exercise or enforce any legal right or
remedy which is contained in the Terms (or which this site has the benefit of under
any applicable law), this will not be taken to be a formal waiver of this site’s
rights and that those rights or remedies will still be available to this site.
20.5 If any court of law, having the jurisdiction to decide on this matter,
rules that any provision of these Terms is invalid, then that provision will be
removed from the Terms without affecting the rest of the Terms. The remaining
provisions of the Terms will continue to be valid and enforceable.
20.6 You acknowledge and agree that each member of the group of companies of
which this site is the parent shall be third party beneficiaries to the Terms and
that such other companies shall be entitled to directly enforce, and rely upon,
any provision of the Terms which confers a benefit on (or rights in favor of)
them. Other than this, no other person or company shall be third party
beneficiaries to the Terms.
20.7 The Terms, and your relationship with this site under the Terms, shall be
governed by the laws of the State of California without regard to its conflict
of laws provisions. You and this site agree to submit to the exclusive jurisdiction
of the courts located within the county of Santa Clara, California to resolve
any legal matter arising from the Terms. Notwithstanding this, you agree that
this site shall still be allowed to apply for injunctive remedies (or an equivalent
type of urgent legal relief) in any jurisdiction.