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1
ACCEPTANCE OF TERMS 1.1
Your access to and use of SimplyYork.com ("the Website")
and any Services referred to in Clause 2, is subject exclusively
to these Terms and Conditions. You will not use the Website/Services
for any purpose that is unlawful or prohibited by these
Terms and Conditions. By using the Website/Services you
are fully accepting the terms, conditions and disclaimers
contained in this notice. If you do not accept these Terms
and Conditions you must immediately stop using the Website/Services.
1.2 We (Alliance RedFox Ltd) reserve the right
to update or amend these Terms and conditions at any time
and your continued use of the Website/Services following
any changes shall be deemed to be your acceptance of such
change. It is therefore your responsibility to check the
Terms and Conditions regularly for any changes.
2 THE SERVICES
The Website may provide
communication tools such as email, bulletin boards, chat
areas, news groups, forums and/or other message or communication
facilities ("the Services") designed to enable
you to communicate with others. Unless stated otherwise
the Services are for your personal and non-commercial use
only.
3 CHILD SUPERVISION
We are concerned about
the safety and privacy of our users, particularly children.
Parents who wish to allow their children access to and use
of the Website/Services should supervise such access and
use. By allowing your child access to the Services you are
allowing your child access to all of the Services, including
email, bulletin boards, chat areas, news groups, forums
and/or other message or communication facilities. It is
therefore your responsibility to determine which Services
are appropriate for your child. Always use caution when
revealing personally identifiable information about yourself
or your children via any of the Services.
4 PRIVACY
POLICY
4.1 We are committed
to responsible data management and subscribe to the principals
of the data protection legislation in the United Kingdom.
We are committed to maintaining the privacy of our users
and maintaining the security of any personal information
received from you. If you register for any of the Services
you will be asked to provide basic personal information.
The information provided by you is not available for sale
or use by third parties. The information is used solely
for notifying you of changes or updates to the website/Services.
4.2 We use a technology called "cookies" as part
of our normal business procedure to track patterns of behaviour
of visitors to the Website. A cookie is an element of data
that the Website sends to your browser that is then stored
on your system. You can set your browser to prevent this
happening. Any information collected in this way can be
used to identify you unless you change your browser settings.
5 USER ACCOUNT,
PASSWORD AND SECURITY
If a particular Service
requires you to open an account you will be required to
complete the registration process by providing certain information
and registering a username and password for use with that
Service. You are responsible for maintaining the confidentiality
of the username and password and also for all activities
which take place under your account. You agree to immediately
notify us of any unauthorised use of your password or account
or any other breach of security. In no event will Alliance RedFox Ltd be liable for any indirect or
consequential loss or damage whatsoever resulting from the
disclosure of your username and/or password. You may not
use another person's account at any time, without the express
permission of the account holder.
6 ACCEPTABLE USE
6.1 You acknowledge
that all information, text, graphics, logos, photographs,
images, moving images, sound, illustrations and other materials
("the Content"), whether posted publicly or transmitted
privately, are the sole responsibility of the person from
whom such Content originated. We do not control or endorse
the Content and cannot guarantee the accuracy, integrity
or quality of such Content and you acknowledge that by using
the Services you may be exposed to Content that is offensive
and/or indecent. Alliance RedFox Ltd will
not be liable in any way for any Content or for any loss
or damage of any kind resulting from the use of any Content
transmitted via the Services and you agree to bear all risks
associated with the use of any Content, including any reliance
on the accuracy or completeness of such Content.
6.2 In using the Website/Services you agree not to:
6.2.1 use the Services to send junk email, spam, chain letters,
pyramid schemes or any other unsolicited messages, commercial
or otherwise;
6.2.2 post, publish, distribute or disseminate material
or information that is defamatory, infringing, obscene,
indecent, threatening, abusive, harassing or unlawful;
6.2.3 post, publish, distribute or disseminate material
or information that incites discrimination, hate or violence
towards any person or group on account of their race, religion,
disability, nationality or otherwise;
6.2.4 threaten, abuse, disrupt, stalk or otherwise violate
the legal rights (including rights of privacy and publicity)
of others;
6.2.5 use any information or material in any manner that
infringes any copyright, trademark, patent or other proprietary
right of any party;
6.2.6 make available or upload files that contain a virus,
worm, trojan or corrupt data that may damage the operation
of the computer or property of another;
6.2.7 collect or store personal information about others,
including email addresses;
6.2.8 advertise or offer to buy or sell goods or services
for any commercial purpose, unless such communication facility
specifically allows such messages;
6.2.9 impersonate any person or entity for the purpose of
misleading others;
6.2.10 violate any applicable laws or regulations;
6.2.11 use the Website/Services in any manner that could
damage, disable, overburden or impair the Website/Services
or interfere with any other party's use and enjoyment of
the Website/Services;
6.2.12 post, publish, distribute or disseminate material
or information that you do not have a right to transmit
under any law or under contractual or fiduciary relationships
(such as inside information or confidential information
disclosed in the course of employment or under a confidentiality
agreement);
6.2.13 attempt to gain unauthorised access to any of the
Services, other accounts, computer systems or networks connected
to the Website/Services through hacking, password mining
or any other means.
6.3 We have
no obligation to monitor the Services but shall be entitled
to review materials posted to a communications facility
and, at our sole discretion, to remove any material that
breaches these Terms and Conditions or is otherwise objectionable.
7 TERMINATION
We have the right
to terminate your access to any or all of the Services at
any time, without notice, for any reason, including without
limitation, breach of these Terms and Conditions. We may
also at any time, at our sole discretion, discontinue the
Website/Services or any part thereof without prior notice
and you agree that we shall not be liable to you or any
third party for any termination of your access to the Website/Services.
8 LINKS TO
THIRD PARTY WEBSITES
The Website/Services
may include links to third party websites that are controlled
and maintained by others. Any link to other websites is
not an endorsement of such websites and you acknowledge
and agree that Alliance RedFox Ltd is not
responsible for the content or availability of any such
sites.
9 INTERNATIONAL
USE
You agree to comply
with all applicable laws regarding the transmission of technical
data exported from the United Kingdom or the country in
which you reside (if different) and with all local laws
and rules regarding acceptable use of and conduct on the
Internet.
10 INTELLECTUAL
PROPERTY RIGHTS
10.1 The Website and
its content (including without limitation the Website design,
text, graphics and all software and source codes connected
with the Website and the Services) are protected by copyright,
trade marks, patents and other intellectual property rights
and laws. In accessing the Website you agree that you will
access the contents solely for your personal, non-commercial
use. None of the content may be downloaded, copied, reproduced,
transmitted, stored, sold or distributed without the prior
written consent of the copyright holder. This excludes the
downloading, copying and/or printing of pages of the Website
for personal, non-commercial home use only.
10.2 Alliance RedFox Ltd does not claim ownership
of any materials you post, upload or submit to any publicly
accessible area of the Services. However, by doing so you
are granting us a world-wide, royalty free, non-exclusive
licence to copy, distribute, transmit, reproduce, publicly
display, edit, translate or publish such Content for as
long as you elect to display such Content via the Services.
The licence shall be terminated when such Content is deleted
from the Services.
11 INDEMNITY
You agree to indemnify
and hold Alliance RedFox Ltd harmless from
and against any breach by you of these Terms and Conditions
and any claim or demand brought against Alliance RedFox Ltd by any third party arising out of your use
of the Services and/or any Content submitted, posted or
transmitted through the Services, including without limitation,
all claims, actions, proceedings, losses, liabilities, damages,
costs, expenses (including reasonable legal costs and expenses)
howsoever suffered or incurred by Alliance RedFox Ltd in consequence of your breach of these Terms and
Conditions.
12 DISCLAIMERS
AND LIMITATION OF LIABILITY
12.1 Use of the Website/Services
is at your own risk. The Website/Services are provided on
an "AS IS" and "AS AVAILABLE" basis
without any representation or endorsement made and without
warranty of any kind whether express or implied, including
but not limited to the implied warranties of satisfactory
quality, fitness for a particular purpose, non-infringement,
compatibility, security and accuracy.
12.2 To the extent permitted by law, Alliance RedFox Ltd will not be liable for any indirect or consequential
loss or damage whatsoever (including without limitation
loss of business, opportunity, data, profits) arising out
of or in connection with the use of the Website/Services.
12.3 Alliance RedFox Ltd makes no warranty
that the Website/Services will meet your requirements, that
Content will be accurate or reliable, that the functionality
of the Website/Services will be uninterrupted or error free,
that defects will be corrected or that the Website/Services
or the server that makes them available are free of viruses
or anything else which may be harmful or destructive.
12.4 Nothing in these Terms and Conditions shall be construed
so as to exclude or limit the liability of Alliance RedFox Ltd for death or personal injury as a result of
the negligence of Alliance RedFox Ltd.
12.5 Nothing in these Terms and Conditions shall affect
your statutory rights as a consumer.
13 SEVERANCE
If any of these Terms
and Conditions should be determined to be invalid, illegal
or unenforceable for any reason by any court of competent
jurisdiction then such Term or Condition shall be severed
and the remaining Terms and Conditions shall survive and
remain in full force and effect and continue to be binding
and enforceable.
14 GOVERNING
LAW
These Terms and Conditions
shall be governed by and construed in accordance with the
law of England and you hereby submit to the exclusive jurisdiction
of the English courts.
12 DISCLAIMERS
AND LIMITATION OF LIABILITY
12.1 Use of the Website/Services
is at your own risk. The Website/Services are provided on
an "AS IS" and "AS AVAILABLE" basis
without any representation or endorsement made and without
warranty of any kind whether express or implied, including
but not limited to the implied warranties of satisfactory
quality, fitness for a particular purpose, non-infringement,
compatibility, security and accuracy.
12.2 To the extent permitted by law, Alliance RedFox Ltd will not be liable for any indirect or consequential
loss or damage whatsoever (including without limitation
loss of business, opportunity, data, profits) arising out
of or in connection with the use of the Website/Services.
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