|
EarBashers Registered User Agreement
1. PARTIES AND REGISTRATION: "EarBashers" means PXL Graphics, its subsidiary companies and associated companies and its agents and employees. "You" means the person specified as the user in the website registration form. The details provided by you on the registration form are important. You must ensure they are correct and complete and inform us of any changes.
2. PAYMENT: Access to EarBashers is FREE. Premium services are available for which payment is required. EarBashers will notify you in all cases if the service you are trying to access is not free and give you the opportunity to choose to pay for the service. You agree to pay any fee for any of the premium services that you use which are not free of charge. Where you have chosen to make payment by credit card, the fees are payable in advance by way of monthly or annual subscription and are non-refundable except if EarBashers gives you notice to terminate without cause. Where you have chosen to make payment by cheque, the fee's are payable annually in advance and are non-refundable except if EarBashers gives you notice to terminate without cause. EarBashers may send you an email or write to you one month before the expiry date on your credit card, or, where payment is by cheque, the expiry of your current annual subscription. If we do not hear from you within 10 days of sending our e-mail or letter, we reserve the right to downgrade your subscription to that of our free services only. Your subscription service will be restored once we have received your new credit card details or cheque, as applicable. EarBashers will take all reasonable care to ensure that your payment data is properly transmitted and kept secure. You agree that we may receive remuneration from our connected companies or other third parties in respect of transactions carried out by them on your behalf. Details of any such remuneration will not be set out on the relevant contract note or confirmation note provided by such third party, but can be made available by them to you on request.
3. COPYRIGHT AND YOUR RIGHTS: Copyright and all other intellectual property rights subsisting in the database accessible via the Services and each and every piece of information provided through the Services (the "Information") is owned by EarBashers or the providers of such information ("Data Providers"). Reproduction of part or all of the contents in any form is prohibited other than in accordance with the following permissions:
Licence to copy for personal use:
You may print or download to a local hard disk extracts from the Information amounting to no more than four individual pages for your personal use only.
Licence to recopy for limited purposes:
You may recopy to third parties for their personal information only certain Information as may be specified from time to time by EarBashers as being available for that purpose, but only if;
(a) you clearly and prominently acknowledge the EarBashers web page as the source of the material; and
(b) you inform any third party that these conditions apply to him, her or it and that he/she/it must comply with them. This licence to recopy does not permit alteration, adaption or merging of material available on these pages. No parts of the EarBashers web pages may be distributed or copied for any commercial purpose. No parts of the EarBashers web pages may be reproduced on or transmitted to or stored by any other website or other form of electronic retrieval system by any person or entity that operates any such website or electronic retrieval system.
4. USER NAME AND PASSWORD: You are responsible for all use of the Services made using your user name and password, whether or not the use is made by you or someone else using your user name and password. You are responsible for protecting and securing your user name and password from unauthorised use. If you believe there has been a breach of security of your user name you should notify EarBashers. EarBashers, at its absolute discretion, reserves the right to refuse a user permission to use any particular user name and/or password. It is not permitted to impersonate or to attempt to impersonate another user or to make use of or attempt to make use of another user's user name or password and any such actions may result in legal action, including criminal prosecution.
5. YOUR INFORMATION: EarBashers will respect your personal information and will comply with all applicable UK legislation currently in force. EarBashers will itself collect and use information you supply to EarBashers in order to operate and enhance the Services in accordance with our Privacy Policy.
6. AVAILABILITY OF INFORMATION: EarBashers reserves the right to change the content, presentation, performance, user facilities and availability of any part of the Services at its sole discretion. It is your responsibility to refer to the changes. They may, at EarBashers absolute discretion, come into effect immediately on posting. EarBashers does not warrant any connection, transmission over, security of or results from the use of any network connection or facilities provided (or omitted to be provided) in connection with the Services. A single registered account may not be accessed by more than one display device simultaneously.
8. NON-UK ACCESS : The Services are not being offered outside of the United Kingdom. Neither EarBashers nor any of its Data Providers or affiliates make any warranties, express or implied that the Services or the availability of the Services in any particular jurisdiction outside the UK is in compliance with any applicable laws or regulations. Accordingly, if it is prohibited to make the Services or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) such Services or any part are not directed at you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to receive the Services and, in particular, any document which allows you to apply for any securities through the Services in the country in which you are accessing the Services. Neither EarBashers nor its Data Providers or affiliates accept liability for any costs, losses or damages resulting from or related to the availability or content of the Services to persons in jurisdictions outside the UK or to persons who are, or who are nominees of or trustees for, citizens, residents or nationals of other countries. The Services or any part do not constitute an offer or solicitation to sell investments in any jurisdiction.
9. ACCURACY OF INFORMATION : Neither EarBashers nor any of its Data Providers or affiliates make any warranties expressed or implied, as to the accuracy, adequacy, quality or fitness for any particular purpose of the Information or the Services for a particular purpose or use and all such warranties are expressly excluded to the fullest extent that such warranties may be excluded by law. EarBashers, its employees, Data Providers and affiliates may or may not hold investments in the companies referred to in the Information and Services. You bear all risks from any uses or results of using any Information. You are responsible for validating the integrity of any Information received over the Internet.
10. INFORMATION POSTED BY YOU : You may place Information on the Service or make it available to other users by e-mail only where and as permitted by EarBashers from time to time. EarBashers does not monitor, approve, endorse or exert editorial control over information posted by users and does not therefore accept responsibility for or make any warranties in connection with or recommend that you or any third party rely on such information. You agree to not post (or transmit) (i) any information which is objectionable including, without limit, information which is defamatory, obscene, threatening, untrue or in breach of any applicable laws, rules, regulations, (ii) any information which is in breach of any person's rights (including without limit, copyright and confidentiality), (iii) any information or software which contains a virus, cancelbot, Trojan horse, worm or is otherwise harmful or (iv) any information which (in EarBashers opinion) constitutes advertising or (v) any information outside the area designated for posting or (vi) any information or comment which is deemed harmful to EarBashers or EarBashers commercial interests. EarBashers reserves the right to remove any such information from the Services without warning and to inform and give assistance to the relevant bodies in respect of any transgressions. We accept no responsibility for and give no warranties in connection with any information posted on our site by our users. We recommend that you do not rely on such information. By placing on the Services or making available to other users any information you hereby grant EarBashers a worldwide non-exclusive licence to use copy, distribute, publish and transmit such information in any manner EarBashers wishes (including, without limit, archiving and making available such information as part of the Services).
11. INDEMNITY : You irrevocably indemnify EarBashers and its Data Providers and affiliates from and against any and all losses, damages and costs suffered or incurred by EarBashers, any Data Providers or affiliates of whatsoever nature arising out of or in connection with your use, provision or distribution of Information or any part or the Services or any part or otherwise howsoever arising in relation to any breach of this Agreement by you.
12. HYPERTEXT LINKS : EarBashers provides hypertext links to sites on the Internet which are operated by other people. Using an external hypertext link means that you may be leaving EarBashers site and EarBashers therefore takes no responsibility for and gives no warranties, guarantees or representations in respect of linked sites.
13. LIABILITY : Due to the number of sources from which EarBashers obtains content and the nature of electronic distribution via the word wide web neither EarBashers nor any of its Data Providers nor affiliates have any liability (whether in contract or tort) for any losses, costs or damages resulting from or related to use of or inability to use any Information contained in the Services or the provision of the Services to the fullest extent to which such liability may be excluded or avoided by law and in no event shall EarBashers be liable to you for lost profits or for indirect, incidental, special, punitive or consequential damages arising out of or in relation to the Services or the provision of Information. EarBashers makes no warranty that the Service is year 2000 compliant or free from infection by viruses or anything else that has contaminating or destructive properties.
14. TERMINATION : This agreement will continue unless terminated in accordance with the following provisions. You may terminate your Registered User Agreement at anytime and EarBashers may do the same; if you (i) fail to make any payments due to EarBashers, (ii) are in breach of any of the terms of this agreement (except for a trivial breach remedied within 7 days of its occurrence), or any generally accepted guidelines on Internet usage and etiquette (such as restrictions on mass mailings and mass advertisements, pirating or copying software, mail bombing or attempts to violate security), (iii) you do or fail to do any act which jeopardises the continuance of the Service(s), (iv) if bankruptcy or insolvency proceedings are brought against you, (v) if you do not make any payments under a court judgement or fine, (vi) if you make an arrangement with your creditors or a receiver or administrator is appointed over your assets or (vii) if you go into liquidation, then EarBashers may withdraw the Services from you, immediately and without notice or compensation and such termination shall be considered "with cause".
15. CONFLICTS OF INTEREST : Your attention is drawn to the fact that in respect of the Services, we, a connected company or some other person connected with us may have an interest, relationship or arrangement that is material in relation to any Information supplied or could give rise to a conflict of interest and you agree that we shall not be required to disclose it to you. Our employees are required to comply with a policy of independence and disregard any such interest, relationship or arrangement in the course of carrying out their employment.
16. YOUR STATUS : You agree that in entering into this agreement you will at all times be acting as a Private Individual and not in the course of any employment, trade or profession which you may carry on.
17. ASSIGNMENT : This agreement and any rights of access (password and user name) to any Service provided to you may not be assigned, licensed or otherwise transferred by you to any other person without the prior written consent of EarBashers. You agree to keep your password confidential.
18. COMPLETE AGREEMENT : These terms and conditions together with the duly completed registration form and payment method instructions, if any, are the whole agreement between you and EarBashers. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by EarBashers. EarBashers may from time to time make changes to these terms and conditions and payment rates which will be set out on EarBashers internet site not less than 14 days before they are intended to take effect. Unless you inform EarBashers by post or e-mail that you object to the proposed changes and wish to terminate your subscription within this 14 day period, you will be deemed to accept the proposed changes.
19. GENERAL : Any notice from EarBashers to you may be delivered by e-mail or post to you at your last known address. Evidence of posting (either electronically or otherwise) shall be taken as evidence of delivery. This agreement shall be governed by the laws of England and Wales. All disputes arising from or in connection with this agreement shall be subject to the non-exclusive jurisdiction of the Courts of England and Wales. If any term of this agreement is held to be illegal or unenforceable the validity and enforceability of the remainder shall continue in full force and effect. The provision in question shall be replaced by a valid and enforceable term which corresponds, so far as possible, with the original. Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy. All disclaimers, indemnities and exclusions in this agreement shall survive termination of this agreement. Neither you nor EarBashers shall be held liable for any loss or failure to perform any obligation here-under due to causes beyond your or their respective reasonable control. This agreement replaces all terms and conditions previously applicable to the provision of the Services or any of them.
20. ACCEPTABLE USAGE POLICY : As a provider of user generated content and commercial advertising, EarBashers offers its customers the means to acquire said data via its online tools and products.
Customers are not permitted to utilise third party tools, applications or services that connect to, crawl, search, bot or stream from EarBashers infrastructure in order to collate datum without the express consent of EarBashers.
EarBashers reserves the right to take certain preventative or corrective actions against users who abuse the data, products and services provided.
|
