The information provided on the Site is not intended for distribution toor use by any person or entity in any jurisdiction or country where suchdistribution or use would be contrary to law of regulation or which wouldsubject us to any registration requirement within such jurisdiction or country.Accordingly, those persons who choose to access the Site from other locationsdo so on their own initiative and are solely responsible for compliance withlocal laws, if and to the extent local laws are applicable
The Site is not tailored to comply with industry-specific regulations(Health Insurance Portability and Accountability Act (HIPAA), FederalInformation Security Management Act (FISMA), etc.), so if your interactionswould be subjected to such laws, you may not use this Site. You may not use theSite in a way that would violate the Gramm-Leach-Bliley Act (GLBA)
The Site is intended for users who are at least 18 years old. Personsunder the age of 18 are not permitted to use or register for the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and allsource code, databases, functionality, software, website designs, audio, video,text, photographs, and graphics on the Site (collectively, the “Content’) andthe trademarks, service marks, and logos contained therein (the “Marks”) areowned or controlled by us or licensed to us, and are protected by copyright andtrademark laws and various other intellectual property rights and unfaircompetition laws of the United States, international copyright laws, and
Provided that you are eligible to use the Site, you are granted alimited license to access and use the Site and to download or print a copy ofany portion of the Content to which you have properly gained access solely foryour personal, non-commercial use. We reserve all rights not expressly grantedto you in and to the Site, the Content and the Marks.
If you provide any information that is untrue, inaccurate, not current,or incomplete, we have the right to suspend or terminate your account andrefuse any and all current or future use of the Site (or any portion thereof)
You may be required to register with the Site. You agree to keep yourpassword confidential and will be responsible for all use of your account andpassword. We reserve the right to remove, reclaim, or change a username youselect if we determine, in our sole discretion, that such username isinappropriate, obscene, or otherwise objectionable
You may not access or use the Site for any purpose other than that forwhich we make the Site available. The Site may not be used in connection withany commercial endeavors except those that are specifically endorsed orapproved by us.
As a user of the Site, you agree not to
1. Systematically retrieve data or other content from the Site to createor compile, directly or indirectly, a collection, compilation, database, ordirectory without written permission from us.
2. Trick, defraud, or mislead us and other users, especially in anyattempt to learn sensitive account information such as user passwords.
3. Circumvent, disable, or otherwise interfere with security-relatedfeatures of the Site, including features that prevent or restrict the use orcopying of any Content or enforce
limitations on the use of the Site and/or the Content contained therein
4. Disparage, tamish, or otherwise harm, in our opinion, us and/or theSite
5. Use any information obtained from the Site in order to harass, abuse,or harm another person
6. Make improper use of our support services or submit false reports ofabuse or misconduct.
7. Use the Site in a manner inconsistent with any applicable laws orregulations.
8. Use the Site to advertise or offer to sell goods and services.
9. Engage in unauthorized framing of or linking to the Site
10. Upload or transmit (or attempt to upload or to transmit) viruses,Trojan horses, or other material, including excessive use of capital lettersand spamming (continuous posting of repetitive text), that interferes with anyparty's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts,alters, or interferes with the use, features, functions, operation, ormaintenance of the Site
11. Engage in any automated use of the system, such as using scripts tosend comments or messages, or using any data mining, robots, or similar datagathering and extraction tools.
12. Delete the copyright or other proprietary rights notice from anyContent.
13. Attempt to impersonate another user or person or use the username ofanother user.
14. Sell or otherwise transfer your profile.
15. Upload or transmit (or attempt to upload or to transmit) anymaterial that acts as a passive or active information collection ortransmission mechanism, including without limitation, clear graphicsinterchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similardevices (sometimes referred to as “spyware” or “passive collection mechanisms”or “pcms”)
16. Interfere with, disrupt, or create an undue burden on the Site orthe networks or services connected to the Site.
17. Harass, annoy, intimidate, or threaten any of our employees oragents engaged in providing any portion of the Site to you
18. Attempt to bypass any measures of the Site designed to prevent orrestrict access to the Site, or any portion of the Site.
20. Decipher, decompile, disassemble, or reverse engineer any of thesoftware comprising or in any way making up a part of the Site
21. Except as may be the result of standard search engine or Internetbrowser usage, use, launch, develop, or distribute any automated system,including without limitation, any spider, robot, cheat utility, scraper, oroffline reader that accesses the Site, or using or launching any unauthorizedscript or other software
22. Use a buying agent or purchasing agent to make purchases on theSite.
23. Make any unauthorized use of the Site, including collectingusernames and/or email addresses of users by electronic or other means for thepurpose of sending unsolicited email, or creating user accounts by automatedmeans or under false pretenses.
24. Use the Site as part of any effort to compete with us or otherwiseuse the Site and/or the Content for any revenue-generating endeavor orcommercial enterprise.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs,message boards, online forums, and other functionality, and may provide youwith the opportunity to create, submit, post, display, transmit, perform,publish, distribute, or broadcast content and materials to us or on the Site,including but not limited to text, writings, video, audio, photographs,graphics, comments, suggestions, or personal information or other material(collectively, "Contributions"). Contributions may be viewable byother users of the Site and through third-party websites. As such, anyContributions you transmit may be treated as non-confidential andnon-proprietary. When you create or make available any Contributions, youthereby represent and warrant that:
1. The creation, distribution, transmission, public display, orperformance, and the accessing, downloading, or copying of your Contributionsdo not and will not infringe the proprietary rights, including but not limitedto the copyright, patent, trademark, trade secret, or moral rights of any thirdparty.
4. Your Contributions are not false, inaccurate, or misleading
5. Your Contributions are not unsolicited or unauthorized advertising,promotional materials, pyramid schemes, chain letters, spam, mass mailings, or otherforms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent,harassing, libelous, slanderous, or otherwise objectionable (as determined byus)
7. Your Contributions do not ridicule, mock, disparage, intimidate, orabuse anyone.
8. Your Contributions are not used to harass or threaten (in the legalsense of those terms) any other person and to promote violence against aspecific person or class of
9. Your Contributions do not violate any applicable law, regulation, orrule.
10. Your Contributions do not violate the privacy or publicity rights ofany third party.
14. Your Contributions do not contain any material that solicitspersonal information from anyone under the age of 18 or exploits people underthe age of 18 in a sexual or
12. Your Contributions do not violate any applicable law concerningchild pornography, or otherwise intended to protect the health or well-being ofminors
13. Your Contributions do not include any offensive comments that areconnected to race, national origin, gender, sexual preference, or physicalhandicap
Any use of the Site in violation of the foregoing violates these Termsof Use and may result in, among other things, termination or suspension of yourrights to use the Site.
By posting your Contributions to any part of the Site or makingContributions accessible to the Site by linking your account from the Site toany of your social networking accounts, you automatically grant, and yourepresent and warrant that you have the right to grant, to us an unrestricted,unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free,fully-paid, worldwide right, and license to host, use, copy, reproduce,disclose, sell, resell, publish, broadcast, retitle, archive, store, cache,publicly perform, publicly display, reformat, translate, transmit, excerpt (inwhole or in part), and distribute such Contributions (including, withoutlimitation, your image and voice) for any purpose, commercial, advertising, orotherwise, and to prepare derivative works of, or incorporate into other works,such Contributions, and grant and authorize sublicenses of the foregoing. Theuse and distribution may occur in any media formats and through any mediachannels
This license will apply to any form, media, or technology now known orhereafter developed, and includes our use of your name, company name, andfranchise name, as applicable, and any of the trademarks, service marks, tradenames, logos, and personal and commercial images you provide. You waive allmoral rights in your Contributions, and you warrant that moral rights have nototherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain fullownership of all of your Contributions and any intellectual property rights orother proprietary rights associated with your Contributions. We are not liablefor any statements or representations in your Contributions provided by you inany area on the Site. You are solely responsible for your Contributions to theSite and you expressly agree to exonerate us from any and all responsibilityand to refrain from any legal action against us regarding your
We have the right, in our sole and absolute discretion, (1) to edit,redact, or otherwise change any Contributions; (2) to re-categorize anyContributions to place them in more appropriate locations on the Site; and (3)to pre-screen or delete any Contributions at any time and for any reason,without notice. We have no obligation to monitor your Contributions
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. Whenposting a review, you must comply with the following criteria: (1) you shouldhave firsthand experience with the person/entity being reviewed; (2) yourreviews should not contain offensive profanity, or abusive, racist, offensive,or hate language; (3) your reviews should not contain discriminatory referencesbased on religion, race, gender, national origin, age, marital status, sexualorientation, or disability; (4) your reviews should not contain references to
illegal activity; (5) you should not be affiliated with competitors if postingnegative reviews; (6) you should not make any conclusions as to the legality ofconduct; (7) you may not post any false or misleading statements; and (8) youmay not organize a campaign encouraging others to post reviews, whetherpositive or negative.
We may accept, reject, or remove reviews in our sole discretion. We haveabsolutely no obligation to screen reviews or to delete reviews, even if anyoneconsiders reviews objectionable or inaccurate. Reviews are not endorsed by us,and do not necessarily represent our opinions or the views of any of ouraffiliates or partners. We do not assume liability for any review or for anyclaims, liabilities, or losses resulting from any review. By posting a review,you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-
free, fully-paid, assignable, and sublicensable right and license to reproduce,modify, translate, transmit by any means, display, perform, and/or distributeall content relating to reviews.
As part of the functionality of the Site, you may link your account withonline accounts you have with third-party service providers (each such account,a “Third-Party Account’) by either: (1) providing your Third-Party Accountlogin information through the Site; or (2) allowing us to access yourThird-Party Account, as is permitted under the applicable terms and conditionsthat govern your use of each Third-Party Account. You represent and warrantthat you are entitled to disclose your Third-Party Account login information tous and/or grant us access to your Third-Party Account, without breach by you ofany of the terms and conditions that govern your use of the applicableThird-Party Account, and without obligating us to pay any fees or making ussubject to any usage limitations imposed by the third-party service provider ofthe Third-Party Account. By granting us access to any Third-Party Accounts, youunderstand that (1) we may access, make available, and store (if applicable)any content that you have provided to and stored in your Third-Party Account(the “Social Network Content’) so that it is available on and through the Sitevia your account, including without limitation any friend lists and (2) we maysubmit to and receive from your Third-Party Account additional information tothe extent you are notified when you link your account with the Third-PartyAccount. Depending on the Third-Party Accounts you choose and subject to theprivacy settings that you have set in such Third-Party Accounts, personallyidentifiable information that you post to your Third-Party
Accounts may be available on and through your account on the Site. Please notethat if a Third-Party Account or associated service becomes unavailable or ouraccess to such Third Party Account is terminated by the third-party serviceprovider, then Social Network Content may no longer be available on and throughthe Site. You will have the ability to disable the connection between youraccount on the Site and your Third-Party Accounts at any time. PLEASE NOTE THATYOUR RELATIONSHIP WITH THE THIRD-PARTY
SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELYBY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effortto review any Social Network Content for any purpose, including but not limitedto, for accuracy, legality, or non-infringement, and we are not responsible forany Social Network Content. You acknowledge and agree that we may access youremail address book associated with a Third-Party Account and your contacts liststored on your mobile device or tablet computer solely for purposes ofidentifying and informing you of those contacts who have also registered to usethe Site. You can deactivate the connection between the Site and yourThird-Party Account by contacting us using the contact information below orthrough your account settings (if applicable). We will attempt to delete any informationstored on our servers that was obtained through such Third-Party Account,except the username and profile picture that become associated with your
You acknowledge and agree that any questions, comments, suggestions,ideas, feedback, or other information regarding the Site("Submissions") provided by you to us are non-confidential and shallbecome our sole property. We shall own exclusive rights, including allintellectual property rights, and shall be entitled to the unrestricted use anddissemination of these Submissions for any lawful purpose, commercial orotherwise, without acknowledgment or compensation to you. You hereby waive allmoral rights to any such Submissions, and you hereby warrant that any suchSubmissions are original with you or that you have the right to submit suchSubmissions. You agree there shall be no recourse against us for any alleged oractual infringement or misappropriation of any proprietary right in yourSubmissions.
THIRD-PARTY WEBSITE AND CONTENT
The Site may contain (or you may be sent via the Site) links to otherwebsites ("Third-Party Websites") as well as articles, photographs,text, graphics, pictures, designs, music, sound, video, information,applications, software, and other content or items belonging to or originatingfrom third parties ("Third-Party Content"). Such Third-Party Websitesand Third-Party Content are not investigated, monitored, or checked foraccuracy, appropriateness, or completeness by us, and we are not responsiblefor any Third-Party Websites
to you relating to or resulting in any way from any Third-Party Content or anycontact with Third-Party Websites.
We allow advertisers to display their advertisements and otherinformation in certain areas of the Site, such as sidebar advertisements orbanner advertisements. If you are an advertiser, you shall take full responsibilityfor any advertisements you place on the Site and any services provided on theSite or products sold through those advertisements. Further, as an advertiser,you warrant and represent that you possess all rights and authority to placeadvertisements on the Site, including, but not limited to, intellectualproperty
rights, publicity rights, and contractual rights. We simply provide the spaceto place such advertisements, and we have no other relationship withadvertisers.
Please be advised the Site is hosted in the United Kingdom and theUnited States. If you access the Site from any other region of the world withlaws or other requirements governing personal data collection, use, ordisclosure that differ from applicable laws in the United Kingdom, then throughyour continued use of the Site, you are transferring your data to the UnitedKingdom, and you agree to have your data transferred to and processed in theUnited Kingdom
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you areprohibited from registering and creating a new account under your name, a fakeor borrowed name, or the name of any third party, even if you may be acting onbehalf of the third party. In addition to terminating or suspending your account,we reserve the right to take appropriate legal action, including withoutlimitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of theSite at any time or for any reason at our sole discretion without notice.However, we have no obligation to update any information on our Site. We alsoreserve the right to modify or discontinue all or part of the Site withoutnotice at any time. We will not be liable to you or any third party for anymodification, price change, suspension, or discontinuance of the Site
We cannot guarantee the Site will be available at all times. We mayexperience hardware, software, or other problems or need to perform maintenancerelated to the Site, resulting in interruptions, delays, or errors. We reservethe right to change, revise, update, suspend, discontinue, or otherwise modifythe Site at any time or for any reason without notice to
These conditions are governed by and interpreted following the laws ofthe United Kingdom, and the use of the United Nations Convention of Contractsfor the International Sale of Goods is expressly excluded. If your habitualresidence is in the EU, and you are a consumer, you additionally possess theprotection provided to you by obligatory provisions of
the law of your country of residence. Vault23 Ltd Ltd. and yourself bothagree to submit to the non-exclusive jurisdiction of the courts of UnitedKingdom, which means that you may make a claim to defend your consumerprotection rights in regards to these Conditions of Use in the United Kingdom,or in the EU country in which you reside.
for at least thirty (30) days before initiating arbitration. Such informalnegotiations commence upon written notice from one Party to the other Party.
Any dispute arising from the relationships between the Parties to thiscontract shall be determined by one arbitrator who will be chosen in accordancewith the Arbitration and Internal Rules of the European Court of Arbitrationbeing part of the European Centre of Arbitration having its seat in Strasbourg,and which are in force at the time the application
for arbitration is filed, and of which adoption of this clause constitutesacceptance. The seat of arbitration shall be Manchester, United Kingdom. Thelanguage of the proceedings shall be English. Applicable rules of substantivelaw shall be the law of the United Kingdom
The Parties agree that any arbitration shall be limited to the Disputebetween the Parties individually. To the full extent permitted by law, (a) noarbitration shall be joined with any other proceeding; (b) there is no right orauthority for any Dispute to be arbitrated on a class-action basis or toutilize class action procedures; and (c) there is no right or authority for anyDispute to be brought in a purported representative capacity on behalf of thegeneral public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to theabove provisions concerning informal negotiations and binding arbitration: (a)any Disputes seeking to enforce or protect, or concerning the validity of, anyof the intellectual property rights of a Party; (b) any Dispute related to, orarising from, allegations of theft, piracy, invasion of privacy, orunauthorized use; and (c) any claim for injunctive relief. If this provision isfound to be illegal or unenforceable, then neither Party will elect toarbitrate any Dispute falling within that portion of this provision found to beillegal or unenforceable and such Dispute shall be decided by a court ofcompetent jurisdiction within the courts listed for jurisdiction above, and theParties agree to submit to the personal jurisdiction of that court.
There may be information on the Site that contains typographical errors,inaccuracies, or omissions, including descriptions, pricing, availability, andvarious other information. We reserve the right to correct any errors,inaccuracies, or omissions and to change or update the information on the Siteat any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THATYOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLESTEXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION,THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THEACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITESLINKED TO.
THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROMYOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OFOUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIALINFORMATION STORED THEREIN, (4) ANY. INTERRUPTION OR CESSATION OF TRANSMISSIONTO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICHMAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANYERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OFANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OROTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT.
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT ORSERVICE ADVERTISED OR OFFERED BY ATHIRD PARTY THROUGH THE SITE, ANY HYPERLINKEDWEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHERADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FORMONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OFPRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANYMEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISECAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TOYOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,LOSS OF DATA, OR OTHER DAMAGES ARISING FROM. YOUR USE OF THE SITE, EVEN IF WEHAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHINGTO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVERAND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO. THEAMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANYCAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOTALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OFCERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVEDISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONALRIGHTS.
You agree to defend, indemnify, and hold us harmless, including oursubsidiaries, affiliates, and all of our respective officers, agents, partners,and employees, from and against any loss, damage, liability, claim, or demand,including reasonable attorneys’ fees and expenses, made by any third party dueto or arising out of: (1) your Contributions; (2) use of
We will maintain certain data that you transmit to the Site for thepurpose of managing the performance of the Site, as well as data relating toyour use of the Site. Although we perform regular routine backups of data, youare solely responsible for all data that you transmit or that relates to anyactivity you have undertaken using the Site. You agree that we shall have noliability to you for any loss or corruption of any such data, and you herebywaive any right of action against us arising from any such loss or corruptionof such
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, ANDSIGNATURES
Visiting the Site, sending us emails, and completing online forms constituteelectronic communications. You consent to receive electronic communications,and you agree that all agreements, notices, disclosures, and othercommunications we provide to you electronically, via email and on the Site,satisfy any legal requirement that such communication be
in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, ANDRECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. Youhereby waive any rights or requirements under any statutes, regulations, rules,ordinances, or other laws in any jurisdiction which require an originalsignature or delivery or retention of non-electronic records, or to payments orthe granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contactthe Complaint Assistance Unit of the Division of Consumer Services of theCalifornia Department of Consumer Affairs in writing at 1625 North MarketBlvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)952-5210 or (916) 445-1254
In order to resolve a complaint regarding the Site or to receive furtherinformation regarding use of the Site, please contact us at:
Vault23 Ltd. 129a Liverpool Road Manchester England M3 4JN