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Please read this agreement carefully before using the services.
They represent the terms and conditions (“Terms”) for using our websites
together with the content, directory services, search facilities, e-mail,
newsgroups and other services provided from time to time (the “Services”).
Using our websites indicates that you accept the Terms. If you do not
agree to these, then do not use our websites. You are permitted to use
our websites solely on the basis of these Terms. We reserve the right,
at our discretion, to update and/or revise these Terms. Please check periodically
for changes.
The websites available at www.BritishInformation.com
and www.BritishRetailers.com
(the "Sites") are owned and operated by Stem Distribution Limited,
trading as BritishInformation.Com and BritishRetailers.com (together “BIC”).
1. ACCESS TO/USE OF THE SERVICES.
1.1 Subject to the Terms of this agreement, you are authorized
to view and download the Services for your personal use only. We may change,
suspend or discontinue the Services at any time, including the availability
of any feature, database, or content. We may also impose limits on certain
features and services or restrict your access to parts or all of the Services
without notice or liability.
1.2 You shall be responsible for obtaining and maintaining
any equipment or ancillary services needed to connect to, access or otherwise
use the Services, including, without limitation, modems, hardware, software,
and long distance or local telephone service.
2. SITES CONTENT.
All materials displayed or performed on the Sites (including,
but not limited to text, graphics, news articles, photographs, images,
illustrations, audio clips and video clips, also known as the "Content")
are protected by copyright, and owned or controlled by us or our third
party content providers. You may not sell, transfer, modify, copy, transmit,
distribute, display, reproduce, publish, licence or create works from
the Sites or otherwise use them for any public or commercial use without
our express written consent.
3. FORUMS, EMAIL & CHAT.
3.1 You shall not upload to, display on, or distribute
or otherwise publish through, the Sites any Content which is libellous,
defamatory, obscene, abusive, or otherwise violates any law.
3.2 Our forums and message boards shall be used only in
a non-commercial manner. You shall not, without our prior written consent,
distribute or otherwise publish any material containing any solicitation
of funds, advertising or solicitation for goods or services. You
shall not make use of anyone’s membership profile for commercial purposes.
3.3 You hereby grant us a perpetual, royalty free, worldwide,
sub-licensable, non-exclusive, irrevocable license to use, reproduce,
perform, display, electronically transmit, and create derivative works
based on any Content you upload or post on the Sites, and you also warrant
that you have the full power and authority to grant such a license.
3.4 You will not run Maillist, Listserv, any form of auto-responder,
or "SPAM" on the Sites, or any processes that run or are activated
while a user is not logged in.
4. REGISTRATION & SECURITY.
4.1 As part of the registration process, you will select
a password and user name for your e-mail account ("Account ID").
You shall provide us with accurate and complete information. Failure to
do so shall constitute a breach of this agreement, which may result in
immediate termination of your account. You may not select or use as your
Account ID a name of another person with the intent to impersonate that
person. We reserve the right to refuse registration of or cancel your
Account at our discretion.
4.2 You shall be responsible for maintaining the security
of the Account, password, files, and for all uses of the Account, with
or without You knowledge or consent. We are not liable for any loss that
you might suffer through another’s use of the Account. You shall
notify us at: admin@Britishinformation.com
of any known or suspected unauthorized use(s) of the Account, or any known
or suspected breach of security on the Sites, including loss, theft, or
unauthorized disclosure of your password or credit card information. You
shall be responsible for maintaining the confidentiality of your password.
5. PROHIBITIONS.
You are prohibited from uploading, viewing, or transferring
pornographic materials. You may not use or allow others to use the Account
either directly or indirectly to post, transmit, or promote any unlawful,
harmful, threatening, abusive, harassing, defamatory, hateful, racially,
ethnically or otherwise objectionable Content; harass, threaten, embarrass,
or cause distress, unwanted attention or discomfort upon another Site
you or other person or entity.
5.2 Use of the Account to violate the security of any computer
network, crack passwords or security encryption codes, transfer or store
illegal material including that deemed threatening or obscene, or engage
in any kind of illegal activity is expressly prohibited.
5.3 You shall be civil and show respect for others. You
shall not interfere with another's enjoyment of the Services. You may
not target another to cause distress, embarrassment, unwanted attention
or other discomfort. You may disagree with someone's point of view. BIC
encourages lively discussion in the Site's chat rooms and message boards
- but personal attacks are not allowed. Under no circumstances must you
attack a person based on the person's race national origin, ethnicity,
religion, gender, sexual orientation, disability or other identification.
6. WARRANTY DISCLAIMER.
6.1 We have no special relationship/fiduciary duty to
any of the sites you find on BIC (“Partner Sites”) and make no commitment
to screen, edit, monitor, or censor any content transmitted or received
via the Partner Sites. You acknowledge that we have no control over, and
no duty to take any action regarding: what information you access via
the Partner Sites; what effects the Content may have on you; how you may
interpret or use the Content; or what actions you may take as a result
of having been exposed to the Content. We make no representations concerning
any content contained in or accessed through the Sites, and we will not
be responsible or liable for the accuracy, copyright compliance, legality
or decency of material contained in or accessed through the Sites.
6.2 Your dealings with, and interest in, services, merchants
or promotions found on or via our Sites are solely between you and the
person with whom you are dealing and unfortunately we are not able to
take any responsibility for any losses or damages that may arise from
such dealings. Further, any reliance placed on the content on any site
found via BIC is entirely at your own risk
6.3 We will not be liable for the privacy of e-mail addresses,
registration and identification information, disk space, communications,
confidential or trade-secret information, or any other Content stored
on our equipment, transmitted over networks accessed by the Sites, or
otherwise connected with your use of the Services.
7. INDEMNITY.
7.1 Upon our request you agree to indemnify and hold us
harmless from all liabilities, claims and expenses that arise from your
use/misuse of the site or the use/misuse by any person for whom you are
responsible.
8. LIMITATION OF LIABILITY.
8.1 The Services, Content, Sites and any software are provided
on an "AS IS" basis, without warranties of any kind, either
express or implied, including, without limitation, implied warranties
of merchantability, fitness for a particular purpose or non-infringement.
WE ASSUME NO LIABILITY FOR ANY USE OF THE SITES INCLUDING, WITHOUT LIMITATION,
DIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES WHETHER ARISING FROM
ANY LOSS OF PROFITS, LOSS OF REVENUE BUSINESS INTERRUPTION, LOSS OF PROGRAMMES
OR OTHERWISE.
9. COMMUNICATIONS.
9.1 From time to time, we may send to your BIC email account
(or to an alternate email account that you designate), information about
changes or additions to the Services, or about any of our related products
or services.
10. TERMINATION.
10.1 We reserve the right, in our absolute discretion,
to terminate your access to all or part of the Services with or without
notice.
11. MISCELLANEOUS.
(i) The failure of either party to exercise in any respect
any right provided for herein shall not be deemed a waiver of any further
rights hereunder. We shall not be liable for any failure to perform any
obligations hereunder where such failure results from any cause beyond
our reasonable control, including, without limitation, mechanical, electronic
or communications failure or degradation (including "line-noise"
interference).
(ii) If any provision of this Agreement is found to be
unenforceable or invalid, that provision shall be limited or eliminated
to the minimum extent necessary so that this Agreement shall otherwise
remain in full force and effect and enforceable.
(iii) This Agreement is not assignable, transferable or
sub-licensable except with our prior written consent.
(iv) This Agreement shall be governed by and construed
in accordance with the laws of England and the parties submit to the non-exclusive
jurisdiction of the High Court of London.
(v) In any action or proceeding to enforce rights under
this Agreement, the prevailing party will be entitled to recover costs
and attorneys' fees.
(vi) Both parties agree that this Agreement is the complete
and exclusive statement of the mutual understanding of the parties and
supersedes and cancels all previous written and oral agreements, communications
and other understandings relating to the subject matter of this Agreement,
and that all modifications must be in a writing signed by both parties,
except as otherwise provided herein.
(vii) No agency, partnership, joint venture, or employment
is created as a result of this Agreement.
(viii) All notices under this Agreement shall be in writing
and shall be deemed to have been duly given when receipt is electronically
confirmed, if transmitted by facsimile or e-mail or upon receipt, if sent
by certified or registered mail to Stem Distribution Limited, Melbury House , 34 Southborough Road , Bickley, Kent, BR1 2EB
Last updated on February 05, 2003
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