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TERMS AND CONDITIONS OF USE OF WWW.LINABARNES.COM
1 ACCEPTANCE OF TERMS
1.1 Your access to and use of www.linabarnes.com
("the Website") and any Services referred to in Clause 2, is
subject exclusively to these Terms and Conditions. You will not use the
Website/Services for any purpose that is unlawful or prohibited by these
Terms and Conditions. By using the Website/Services you are fully accepting
the terms, conditions and disclaimers contained in this notice. If you
do not accept these Terms and Conditions you must immediately stop using
the Website/Services.
1.2 We reserve the right to update or amend these Terms and Conditions
at any time and your continued use of the Website/Services following any
changes shall be deemed to be your acceptance of such change. It is therefore
your responsibility to check the Terms and Conditions regularly for any
changes.
2 THE SERVICES
The Website may provide communication tools
such as email, bulletin boards, chat areas, news groups, forums and/or
other message or communication facilities ("the Services") designed
to enable you to communicate with others. Unless stated otherwise the
Services are for your personal and non-commercial use only.
3 CHILD SUPERVISION
We are concerned about the safety and privacy
of our users, particularly children. Parents who wish to allow their children
access to and use of the Website/Services should supervise such access
and use. By allowing your child access to the Services you are allowing
your child access to all of the Services, including email, bulletin boards,
chat areas, news groups, forums and/or other message or communication
facilities. It is therefore your responsibility to determine which Services
are appropriate for your child. Always use caution when revealing personally
identifiable information about yourself or your children via any of the
Services.
4 PRIVACY POLICY
We are committed to responsible data management
and subscribe to the principals of the data protection legislation in
the United Kingdom. We are committed to maintaining the privacy of our
users and maintaining the security of any personal information received
from you. If you register for any of the Services you will be asked to
provide basic personal information. The information provided by you is
not available for sale or use by third parties. The information is used
solely for notifying you of changes or updates to the Website/Services.
5 USER ACCOUNT, PASSWORD AND
SECURITY
If a particular Service requires you to
open an account you will be required to complete the registration process
by providing certain information and registering a username and password
for use with that Service. You are responsible for maintaining the confidentiality
of the username and password and also for all activities which take place
under your account. You agree to immediately notify us of any unauthorised
use of your password or account or any other breach of security. In no
event will www.linbarnes.com be liable for any indirect or consequential
loss or damage whatsoever resulting from the disclosure of your username
and/or password. You may not use another person’s account at any
time, without the express permission of the account holder.
6 ACCEPTABLE USE
6.1 You acknowledge that all information,
text, graphics, logos, photographs, images, moving images, sound, illustrations
and other materials ("the Content"), whether posted publicly
or transmitted privately, are the sole responsibility of the person from
whom such Content originated. We do not control or endorse the Content
and cannot guarantee the accuracy, integrity or quality of such. www.linabarnes.com
will not be liable in any way for any Content or for any loss or damage
of any kind resulting from the use of any Content transmitted via the
Services and you agree to bear all risks associated with the use of any
Content, including any reliance on the accuracy or completeness of such
Content.
6.2 In using the Website/Services you agree not to:
6.2.1 use any information or material in any manner that infringes any
copyright, trademark, patent or other proprietary right of any party;
6.2.2 impersonate any person or entity for the purpose of misleading others;
6.2.3 violate any applicable laws or regulations;
6.2.4 use the Website/Services in any manner that could damage, disable,
overburden or impair the Website/Services or interfere with any other
party’s use and enjoyment of the Website/Services;
6.2.5 post, publish, distribute or disseminate material or information
that you do not have a right to transmit under any law or under contractual
or fiduciary relationships (such as inside information or confidential
information disclosed in the course of employment or under a confidentiality
agreement);
6.2.6 attempt to gain unauthorised access to any of the Services, other
accounts, computer systems or networks connected to the Website/Services
through hacking, password mining or any other means.
7 TERMINATION
We have the right to terminate your access
to any or all of the Services at any time, without notice, for any reason,
including without limitation, breach of these Terms and Conditions. We
may also at any time, at our sole discretion, discontinue the Website/Services
or any part thereof without prior notice and you agree that we shall not
be liable to you or any third party for any termination of your access
to the Website/Services.
8 LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to
third party websites that are controlled and maintained by others. Any
link to other websites is not an endorsement of such websites and you
acknowledge and agree that www.linabarnes.com is not responsible for the
content or availability of any such sites.
9 INTERNATIONAL USE
You agree to comply with all applicable
laws regarding the transmission of technical data exported from the United
Kingdom or the country in which you reside (if different) and with all
local laws and rules regarding acceptable use of and conduct on the Internet.
10 INTELLECTUAL PROPERTY RIGHTS
10.1 The Website and its content (including
without limitation the Website design, text, graphics and all software
and source codes connected with the Website and the Services) are protected
by copyright, trade marks, patents and other intellectual property rights
and laws. In accessing the Website you agree that you will access the
contents solely for your personal, non-commercial use. None of the content
may be downloaded, copied, reproduced, transmitted, stored, sold or distributed
without the prior written consent of the copyright holder. This excludes
the downloading, copying and/or printing of pages of the Website for personal,
non-commercial home use only.
10.2 www.linabarnes.com does not claim ownership of any materials you
post, upload or submit to any publicly accessible area of the Services.
However, by doing so you are granting us a world-wide, royalty free, non-exclusive
licence to copy, distribute, transmit, reproduce, publicly display, edit,
translate or publish such Content for as long as you elect to display
such Content via the Services. The licence shall be terminated when such
Content is deleted from the Services.
11 INDEMNITY
You agree to indemnify and hold www.linabarnes.com
harmless from and against any breach by you of these Terms and Conditions
and any claim or demand brought against www.linabarnes.com by any third
party arising out of your use of the Services and/or any Content submitted,
posted or transmitted through the Services, including without limitation,
all claims, actions, proceedings, losses, liabilities, damages, costs,
expenses (including reasonable legal costs and expenses) howsoever suffered
or incurred by www.linabarnes.com in consequence of your breach of these
Terms and Conditions.
12 DISCLAIMERS AND LIMITATION
OF LIABILITY
12.1 Use of the Website/Services is at your
own risk. The Website/Services are provided on an "AS IS" and
"AS AVAILABLE" basis without any representation or endorsement
made and without warranty of any kind whether express or implied, including
but not limited to the implied warranties of satisfactory quality, fitness
for a particular purpose, non-infringement, compatibility, security and
accuracy.
12.2 To the extent permitted by law, www.linabarnes.com will not be liable
for any indirect or consequential loss or damage whatsoever (including
without limitation loss of business, opportunity, data, profits) arising
out of or in connection with the use of the Website/Services.
12.3 www.linabarnes.com makes no warranty that the Website/Services will
meet your requirements, that Content will be accurate or reliable, that
the functionality of the Website/Services will be uninterrupted or error
free, that defects will be corrected or that the Website/Services or the
server that makes them available are free of viruses or anything else
which may be harmful or destructive.
12.4 Nothing in these Terms and Conditions shall be construed so as to
exclude or limit the liability of www.linabarnes.com for death or personal
injury as a result of the negligence of www.linabarnes.com.
12.5 Nothing in these Terms and Conditions shall affect your statutory
rights as a consumer.
13 SEVERANCE
If any of these Terms and Conditions should
be determined to be invalid, illegal or unenforceable for any reason by
any court of competent jurisdiction then such Term or Condition shall
be severed and the remaining Terms and Conditions shall survive and remain
in full force and effect and continue to be binding and enforceable.
14 GOVERNING LAW
These Terms and Conditions shall be governed
by and construed in accordance with the law of England and you hereby
submit to the exclusive jurisdiction of the English courts.