YourNotMe® WEB SITE
TERMS OF MEMBERSHIP, USE AND PRIVACY POLICY
AGREEMENT BETWEEN USER AND UPNORTH
This Web
site ("www.yournotme.com") is offered to you,
the user, conditioned on your acceptance without
modification of these Terms of Use. Your use of this Web
site constitutes your agreement to the Terms of Use.
MEMBERSHIP
YourNotMe Community is a members only web site.
Membership
may not be assigned or transferred to any other person or
entity. Members must promptly inform YourNotMe of the
following: changes in the expiration date of any credit
card used in connection with the Service; changes in home
or billing address; and apparent breaches of security,
such as loss, theft, or unauthorised disclosure or use of
an ID or password. Until YourNotMe is notified, by e-mail
at hello@yournotme.com of a breach in security, the Member
will remain liable for any unauthorised use of
yournotme.com.
Membership
of YourNotMe may be terminated at any time, and without
cause, by either YourNotMe or the Member upon notification
of the other by electronic or conventional mail. When a
member requests termination, members are liable for
charges incurred by them until termination of membership.
Members
are responsible for providing all personal computer and
communications equipment necessary to gain access to
YourNotMe.com. Access to and use of UpNorth.org.uk is
through a combination of an ID and a password. Each Member
must keep their username and password strictly
confidential. Remember your password! For security
reasons, YourNotMe will not release passwords for any
reason, except as may be specifically required by law or
court order. Unauthorised access to the Service is a
breach of this Agreement and a violation of law.
Any
liability of YourNotMe including without limitation any
failure of performance, error, omission, interruption,
deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or
unauthorised access to, alteration of, or use of records,
whether for breach of contract, tortuous behaviour,
negligence, or under any other cause or action, shall be
strictly limited to the amount paid by or on behalf of the
member to YourNotMe for the preceding 12 months.
PRIVACY POLICY
Because your privacy is important to us, YourNotMe.com
operates by these principles:
(1) We
explicitly ask when we need information that personally
identifies you ("Personal Information"). For
example, YourNotMe.com asks you for your name, e-mail name
and address when you register. We use your Personal
Information to better understand your requirements of your
membership to YourNotMe.com, and we may occasionally
inform you of new features, services and products from
YourNotMe.com.
(2)
YourNotMe.com will not select other companies to send you
information about their products or services.
(3) To
make sure that the Personal Information you provide to
YourNotMe.com is correct and current, you may review and
update this information at any time.
(4)
Personally, identifiable information that you choose to
provide to another web site will be subject to the privacy
policies of that web site. For example, if you follow a
hyperlink from YourNotMe.com to another site (e.g., an
advertiser or merchant), information you provide is
subject to that site's privacy policy rather than our
privacy policy.
If at
any time you believe that UpNorth has not adhered to these
principles, please notify us by email to hello@YourNotMe.com
and we will use all commercially reasonable efforts to
promptly determine and correct the problem.
PERSONAL AND NONCOMMERCIAL USE LIMITATION
YourNotMe.com
is for your personal and non-commercial use. You may not
copy, modify, distribute, display, perform, create
derivative works from, transfer or sell any information,
software, products or services obtained from YourNotMe.com
whether printed, visual, audio, radio, electronic, email
forwarding, TV, satellite, digital transmission, scanned,
website re-cycled or any other form of material except
where expressly noted that the material is available for
such purpose.
NO UNLAWFUL OR PROHIBITED USE
As a
condition of your use of this Web site, you warrant to
YourNotMe that you will not use this Web site for any
purpose that is unlawful or prohibited by these Terms of
Use.
USE OF BULLETIN BOARD, CHAT ROOMS AND OTHER
COMMUNICATIONS FORUMS
This Web
site contains bulletin boards, chat rooms and other
message or communication facilities (collectively,
"Forums"), you agree to use the Forums only to
send and receive messages and material that are proper and
related to the particular Forum. By way of example, and
not as a limitation, you agree that when using a Forum,
you will not:
Defame,
abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as rights of privacy and publicity) of
others.
Publish,
post, distribute, or disseminate any defamatory,
infringing, obscene, indecent or unlawful material or
information.
Upload
files that contain software or other material protected by
intellectual property laws (or by rights of privacy or
publicity) unless you own or control the rights thereto or
have received all necessary consents.
Upload
files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation
of another's computer.
Delete
any author attributions, legal notices or proprietary
designations or labels in any file that is uploaded.
Falsify
the origin or source of software or other material
contained in a file that is uploaded.
Except
to the extent expressly allowed, advertise, or offer to
buy or sell any goods or services, or conduct or forward
surveys, contests or chain letters. In no event may you
use any such Forum to advertise or sell any goods or
services, which you are in the business of advertising or
selling.
Download
any file posted by another user of a Forum that you know,
or reasonably should know, cannot be legally distributed
in such manner.
You
acknowledge that all Forums are public and not private
communications. Further, you acknowledge that UpNorth does
not endorse chats, postings, conferences, and other
communications by other users, and such communications
shall not be considered reviewed, screened, or approved by
YourNotMe. YourNotMe reserves the right for any reason to
remove without notice any contents of the Forums received
from users, including without limitation bulletin board
postings. YourNotMe reserves the right to deny in its sole
discretion any user access to YourNotMe.com Forums without
notice.
1
UpNorth gives no warranty or guarantee on the information
provided by the member.
2
UpNorth is not liable for any misrepresentation of a
member
3
UpNorth is not liable for any loss of job or any expenses
incurred in the pursuit of employment.
SOFTWARE AVAILABLE ON THIS WEB SITE
Software
(if any) that is made available to download from
UpNorth.org.uk ("Software") is the copyrighted
work of UpNorth and/or its suppliers. Your use of the
Software is governed by the terms of the end user license
agreement, if any, which accompanies or is included with
the Software ("License Agreement"). You may not
install or use any Software that is accompanied by or
includes a License Agreement unless you first agree to the
License Agreement terms. For any Software not accompanied
by a License Agreement, UpNorth hereby grants to you, the
user, a personal, non-transferrable license to use the
Software for viewing and otherwise using this Web site in
accordance with these terms and conditions, and for no
other purpose. Please note that all Software, including
without limitation all HTML code and Active X controls
contained in this Web site, is owned by UpNorth and/or its
suppliers and is protected by copyright laws and
international treaty provisions. Any reproduction or
redistribution of the Software is expressly prohibited by
law and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent
possible.
WITHOUT
LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE
SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE
TERMS OF THE LICENSE AGREEMENT.
You
acknowledge that the Software, and any accompanying
documentation and/or technical information, is subject to
applicable export control laws and regulations of the
United Kingdom. You agree not to export or re-export the
Software, directly or indirectly, to any countries that
are subject to United Kingdom export restrictions.
LINKS TO THIRD PARTY SITES
This Web
site may contain hyperlinks to Web sites operated by
parties other than UpNorth. Such hyperlinks are provided
for your reference only. UpNorth does not control such Web
sites and is not responsible for their contents. UpNorth's
inclusion of hyperlinks to such Web sites does not imply
any endorsement of the material on such Web sites or any
association with their operators.
SERVICE CONTACT
Contact
webmaster@UpNorth.org.uk with questions or problems with
this Web site.
COPYRIGHT AND TRADEMARK NOTICES:
All
contents of this Web site are: Copyright © 1998 UpNorth
and/or its suppliers, Sir John Lyon House, 5 High Timber
Street, Blackfriars, London, EC4V 3NX, UK. All rights
reserved.
UpNorth,
and other names of UpNorth products and/or services
referenced herein are trademarks or registered trademarks
of UpNorth. Other product and company names mentioned
herein may be the trademarks of their respective owners.
MODIFICATION OF THESE TERMS AND CONDITIONS
UpNorth
reserves the right to change the terms, conditions and
notices under which this Web site is offered.
LIABILITY DISCLAIMER
THE
INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PUBLISHED ON
THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. UPNORTH AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME.
UPNORTH
AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES CONTAINED OR OBTAINED THROUGH THIS
WEB SITE FOR ANY PURPOSE, OR THE RESULTS THAT MAY BE
OBTAINED FROM USING THE SITE. ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. UPNORTH AND/OR ITS
RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO
EVENT SHALL UPNORTH AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY
OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB
SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB
SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR
OTHERWISE, EVEN IF UPNORTH OR ANY OF ITS SUPPLIERS HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
GENERAL
This
agreement is governed by the laws of the United Kingdom.
You hereby consent to the exclusive jurisdiction and venue
of courts in the United Kingdom in all disputes arising
out of or relating to the use of this Web site. Use of
this Web site is unauthorised in any jurisdiction that
does not give effect to all provisions of these terms and
conditions, including without limitation this paragraph.
You
agree that no joint venture; partnership, employment, or
agency relationship exists between you and UpNorth as a
result of this agreement or use of this Web site.
UpNorth's
performance of this agreement is subject to existing laws
and legal process, and nothing contained in this agreement
is in derogation of UpNorth's right to comply with law
enforcement requests or requirements relating to your use
of this Web site or information provided to or gathered by
UpNorth with respect to such use.
If any
part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but
not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of the
agreement shall continue in effect.
This
agreement constitutes the entire agreement between the
user and UpNorth with respect to this Web site and it
supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral, or written, between
the user and UpNorth with respect to this Web site. A
printed version of this agreement and of any notice given
in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same
conditions as other business documents and records
originally generated and maintained in printed form.
Fictitious
names of companies, products, people, characters and/or
data that may be used herein are not intended to represent
any real individual, company, product or event.
Any
rights not expressly granted herein are reserved.
© 2002
Wilson Harvey Ltd. All rights reserved.
Terms of
Use Privacy Statement
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