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Terms & Conditions Please read this
agreement carefully before using www.icontactedyou.com By using the site,
you signify your agreement to the terms in this statement. If you do not
agree to these terms, please do not use the www.icontactedyou.com
website. Copyright
Information The
entire contents of this site are Copyright © 2003 - 2007 Elizabeth
Morley The
design (layout), graphics, and content (Wording) is owned by
www.icontactedyou.com and its Owner. Members may access and print
off our webpage's and resources for their own personal non commercial
use. Do not Publish any part of this webpage anywhere without written
permission of the owner. Any violation will result in legal action.
You may not including, but not limited to copy, reproduce, republish,
upload, post, transmit, distribute in any way, or transfer any material
on this website, in whole or in part regardless of whether you offer
them free of charge without the express written consent of the owner.
The printing, downloading, emailing or transferring of the site content
by any other media is strictly prohibited and then selling them pre-made
or offering a product free of charge is strictly prohibited. 1.
DEFINITIONS In these conditions the following words have the following meanings
unless the context requires otherwise: "Agreement"
means the agreement between You and Us incorporating these conditions
for the provision of the Service; "Intellectual
Property Rights" means all patents, database rights, copyright,
design rights (whether registered or unregistered), trade marks (whether
registered or unregistered) and other similar rights wherever existing
in the world together with the right to apply for protection of the
same; "Liability"
means the Liability for any and all damages, claims, proceedings,
actions, awards, expenses, costs and any other losses and/or
liabilities; "Member"
means any person whose membership has been accepted by Us and whose
membership remains valid for the time being; "Post"
means display, exhibit, publish, distribute, transmit and/or disclose
information, details and/or other material on the Service, and the
phrases “Posted” and “Posting” shall be constructed accordingly;
"Service"
means the service provided by Us to You including, but not limited to,
Us allowing You to browse the Web Site, contact and/or be contacted by
other Members through the Web Site and/or Post information on the Web
Site; "User"
means any person who browses the Web Site; "We,
Us, Our" means areyoubehaving.com "Web
Site" means Our web site at www.icontactedyou.com (or such other
URL that We may use to provide the Service from time to time); "You,
Your, Yourself" means the person whose application for membership
of the Service is accepted by Us. 2.
BASIS OF MEMBERSHIP These
conditions (as amended by Us from time to time) shall govern the
Agreement between You and Us to the exclusion of any other terms or
conditions and You agree to abide by these terms and conditions (as
amended by Us from time to time). These
conditions (as amended by Us from time to time) supersede all terms and
conditions and shall replace any terms and conditions previously
notified to You. We
reserve the right to vary these conditions at any time. If We vary these
Conditions, the updated conditions will be posted on the Terms and
Conditions page of the Web Site from time to time. Our
employees, sub-contractors and/or agents or sponsors are not
authorised to make any representations or warranties concerning the
Service unless confirmed by Us in writing. You
acknowledge that You do not rely on any representation and/or warranty
that has not been made in accordance with these conditions. We
shall have the right to refuse to register applications for membership
and to terminate memberships at any time. The
Agreement between You and Us shall come into effect on Our acceptance of
Your application for membership. No application for membership shall be
deemed to be accepted by Us until you have received confirmation of Your
membership from Us by e-mail. We
reserve the right to make changes to the Service as required from time
to time by law or applicable safety requirements provided that they do
not have a material adverse effect on the quality of the Service. All the information
on this site is provided by
www.icontactedyou.com
it's owner, staff, and users. All the information and services on the
site are solely intended for entertainment purposes. They are in no way
intended for formal educational use. The decision on whether or not the
information is appropriate for your children / classroom is the users
sole responsibility.
www.icontactedyou.com
assumes no responsibility for any consequence relating directly or
indirectly to information/ ideas you use based on the information,
services or other material on this site. www.icontactedyou.com works
hard to keep the information on this site accurate, complete, and
up-to-date, but there are no guarantees, and www.icontactedyou.com or
it's sponsors will not be responsible for any damage or loss related to,
the accuracy, or completeness of the information provided on this site.
By using this site, it's information, and/or services you agree to
defend and hold harmless www.icontactedyou.com its partners, sponsors,
affiliates, owner, staff, and users from any liability, loss, claim and
expense related your violation of this agreement. 3.
INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY All
Intellectual Property Rights in the Service shall be owned by Us
absolutely. You
warrant and represent to Us that you are the sole author of any feedback
or requests you send us. You assign to Us with full title
guarantee all copyright of any feedback, suggestions, requests and
comments. You
waive absolutely any and all moral right to be identified as
author/creator of feedback, suggestions, requests and comments and any
similar rights in any jurisdiction. You
agree that You will keep confidential and not use, except for purposes
contemplated by this agreement, any and/or all information relating to
the Service which may be disclosed to You or which You may learn, except
where such information is public knowledge or it is required to be
disclosed by law. 4.
GUARANTEE 9.1
The Service is provided in its current form and We do not guarantee that
the Service, or any element of the Service will meet Your requirements,
purpose and/or expectations. 9.2
We do not warrant that any of the information and/or material provided
in the Service is accurate. 9.3
We do not provide any warranty in respect of the Service, results,
availability, and/or uninterrupted use of the Service. 5.
LIMITATIONS ON LIABILITY We
shall have no Liability for any defect in the Service caused or
contributed to by You and/or any other Member. We
shall have no Liability to You arising out of Your use of the Service
and/or Your reliance on any information and/or other material Posted on
the Service or Posted to You by other Members.
We shall have no Liability to You for any:- C
consequential losses (including but not limited to loss of profits,
damage to goodwill, damage to reputation, loss of data, loss of programs
and/or service interruptions); Economic
and/or other similar losses; and/or Special
damages and indirect losses. You
shall be under a duty to mitigate any loss, damage, costs or expenses
that You may suffer. Nothing
in this Agreement shall exclude or limit Our Liability for death or
personal injury due to Our negligence or any Liability which is due to
Our fraud or any other Liability which We are not permitted to exclude
or limit as a matter of law. Nothing
in this Contract shall exclude or limit any of Your statutory rights
which may not be excluded or limited due to You acting as a consumer. We
shall have no Liability to You for any delay in performance of this
Service and/or any other matters to the extent that such events and/or
matters are due to any events outside Our reasonable control including
but not limited to acts of God, war, flood, fire, labour disputes,
strikes, lock-outs, riots, civil commotion, malicious damage, explosion,
governmental actions and any other similar events. 6.
INDEMNITY 12.1
You agree to indemnify and keep indemnified Us against any and all
losses, proceedings, lost profits, damages, awards, expenses, costs
(including increased administration costs and legal costs on a full
indemnity basis), claims, actions and any other losses and/or
liabilities suffered by Us and arising from and/or relating to Your use
of the Service, information and/or other material Posted on the Service
by You and/or arising from or due to any breach of contract, any
tortuous act and/or omission and/or any breach of statutory duty by You. 7.
GENERAL All
third party rights are excluded and no third parties shall have any
right to enforce this Agreement. This shall not apply to members of Our
group who shall have the right to enforce this Agreement as if they were
Us. Any right of a third party to enforce this Agreement may be varied
and/or extinguished without the consent of the any such third party. No
waiver by Us of any breach of this Agreement shall be considered as a
waiver of any subsequent breach of the same provision or any other
provision. This
Agreement contains the entire agreement between You and Us. If any
competent authority to be invalid or unenforceable in whole or in part
holds any provision of this Agreement the validity of the other
provisions of this Agreement and the remainder of the affected provision
shall be unaffected and shall remain in full force and effect. This
Agreement is governed by and interpreted in accordance with English law
and the parties agree to submit to the non-exclusive jurisdiction of the
English courts. |
