THIS WEB SITE IS OWNED AND PUBLISHED BY TEAMtalk MEDIA
LIMITED, A SUBSIDIARY OF TEAMtalk MEDIA GROUP PLC. PLEASE READ THE FOLLOWING
TERMS AND CONDITIONS CAREFULLY. BY ENTERING THE WEB SITE YOU AGREE TO BE BOUND
BY THE FOLLOWING TERMS AND CONDITIONS: 1. Definitions "TEAMtalk.com" is
the interactive on-line service operated by TEAMtalk Media Limited
("TEAMtalk") on the World Wide Web of the Internet, consisting of
information services and content provided by TEAMtalk, its affiliates and other
third parties. "User" means each person who establishes or accesses a
connection ("Account") for access to and use of TEAMtalk.com. 2. General (a) This Agreement sets
forth the terms and conditions that apply to the use of TEAMtalk.com by User.
By using TEAMtalk.com (other than to read this Agreement for the first time),
User agrees to comply with all of the terms and conditions hereof. The right to
use TEAMtalk.com is personal to User's Account (under any screen name or
password). User shall be responsible for protecting the confidentiality of
User's password(s), if any. As a result, User is fully responsible for all
actions undertaken under the password(s). (b) TEAMtalk shall have the
right at any time to change or discontinue any aspect or feature of
TEAMtalk.com, including, but not limited to, content, hours of availability,
and equipment needed for access or use. 3. Changed Terms TEAMtalk shall have the
right at any time to change or modify the terms and conditions applicable to
User's use of TEAMtalk.com, or any part thereof, or to impose new conditions,
including, but not limited to, adding fees and charges for use. Such changes,
modifications, additions or deletions shall be effective immediately upon
notice thereof, which may be given by means including, but not limited to,
posting on TEAMtalk.com, or by electronic or conventional mail, or by any other
means by which User obtains notice thereof. Any use of TEAMtalk.com by User
after such notice shall be deemed to constitute acceptance by User of such
changes, modifications or additions. 4. User Conduct (a) User shall use
TEAMtalk.com for lawful purposes only. User shall not post or transmit through
TEAMtalk.com any material which violates or infringes in any way upon the
rights of others, which is unlawful, threatening, abusive, defamatory, invasive
of privacy or publicity rights, vulgar, obscene, profane or otherwise
objectionable, which encourages conduct that would constitute a criminal
offence, give rise to civil liability or otherwise violate any law, or which,
without TEAMtalk's express prior approval, contains advertising or any
solicitation with respect to products or services. Any conduct by a User that
in TEAMtalk's absolute discretion restricts or inhibits any other User from
using or enjoying TEAMtalk.com will not be permitted. User shall not use
TEAMtalk.com to advertise or perform any commercial solicitation, including,
but not limited to, the solicitation of users to become Users of other on-line
or off-line information services competitive with TEAMtalk.com. (b) TEAMtalk.com contains
copyright material, trademarks and other proprietary information, including,
but not limited to, text, software, photos and sound, and the entire contents
of TEAMtalk.com is owned by TEAMtalk, its affiliates or licensors and is
protected by copyright and trade mark laws. User may not copy, modify,
reproduce, republish, transmit, distribute, or in any way exploit, any of the
content, in whole or in part without the express written permission of TEAMtalk
and the copyright owner. User is only authorised to use the web site and its
content for personal, non-commercial use. In the event of any permitted
copying, redistribution or publication of copyright material, no changes in or
deletion of author attribution, trademark legend or copyright notice shall be
made. User acknowledges that it does not acquire any ownership rights by
downloading copyrighted material. (c) User shall not upload,
post or otherwise make available on TEAMtalk.com any material protected by
copyright, trademark or other proprietary right without the express permission
of the owner of the copyright, trademark or other proprietary right and the
burden of determining that any material is not protected by copyright rests
with User. User shall be solely liable for any damage resulting from any
infringement of copyrights, proprietary rights, or any other harm resulting
from such a submission. By submitting material to any public area of
TEAMtalk.com, User automatically grants, or warrants that the owner of such
material has expressly granted TEAMtalk the royalty-free, perpetual,
irrevocable, non-exclusive right and unrestricted licence to copy, sublicense,
adapt, publish, translate and distribute such material (in whole or in part) worldwide
and/or to incorporate it in other works in any form, media or technology now
known or hereafter developed for the full term of any copyright that may exist
in such material. User also permits any other User to access, view, store or
reproduce the material for that User's personal use. User hereby grants
TEAMtalk the right to edit, copy, publish and distribute any material made
available on TEAMtalk.com by User. (d) The foregoing
provisions of Section 4 are for the benefit of TEAMtalk, its subsidiaries,
affiliates and its third party content providers and licensors and each shall
have the right to assert and enforce such provisions directly or on its own
behalf. 5. Disclaimer of Warranty;
Limitation of Liability (a) User expressly agrees
that use of TEAMtalk.com is at User's sole risk. Neither TEAMtalk, its
affiliates nor any of their respective employees, agents, third party content
providers or licensors warrant that TEAMtalk.com will be uninterrupted or error
free; nor do they make any warranty as to the results that may be obtained from
use of TEAMtalk.com, or as to the accuracy, reliability or content of any
information, service, or merchandise provided through TEAMtalk.com. (b) TEAMtalk.com is
provided on an "as is" basis without warranties of any kind, either
express or implied, including, but not limited to, warranties of title or
implied warranties of quality or suitability for a particular purpose, other
than those warranties which are implied by and incapable of exclusion,
restriction or modification under the laws applicable to this agreement. (c) This disclaimer of
liability applies to any damages or injury caused by any failure of
performance, error, omission, interruption, deletions, defect, delay in
operation or transmission, computer virus, communication line failure, theft or
distribution or unauthorised access to, alteration of, or use of record,
whether for breach of contract, tortuous behaviour, negligence, or under any
other cause of action. User specifically acknowledges that TEAMtalk is not
liable for the defamatory, offensive or illegal conduct of other users or
third-parties and that the risk of injury from the foregoing rests entirely
with User. (d) TEAMtalk does not limit
its liability for death or personal injury arising from its negligence or from
the negligence of its employees acting in the course of their employment. Apart
from this, in no event will TEAMtalk, or any person or entity involved in
creating, producing or distributing TEAMtalk.com, be liable for any damages, including,
without limitation, direct or consequential damages arising out of the use of
or inability to use TEAMtalk.com. User hereby acknowledges that the provisions
of the section shall apply to all content on TEAMtalk.com. (e) In addition to the
terms set forth above neither TEAMtalk nor its affiliates, information
providers or content partners shall be liable regardless of the cause or
duration, for any errors, inaccuracies, omissions, or other defects in, or
untimeliness of, or unauthenticity of, the information contained within
TEAMtalk.com, or for any delay or interruption to the transmission thereof to
the User, or from any claims or losses arising there from or occasioned
thereby. None of the foregoing parties shall be liable for any third-party claims
or losses of any nature, including, but not limited to, lost profits, punitive
or consequential damages. Neither TEAMtalk, nor its affiliates, information
providers or content partners warrant or guarantee the timeliness, sequence,
accuracy or completeness of this information. Additionally, there are no
warranties as to the results obtained from the use of the information. (f) This web site may be
linked to or from other web sites that are not maintained by TEAMtalk. TEAMtalk
does not control in any respect any information, products or services offered
by such other web sites and shall not be responsible for the content of such
other web sites. For example, User may be able to buy goods or services via
TEAMtalk.com, some of which may be through third party retailers who link to
the web site. User may also enter into correspondence with or participate in
promotions of advertisers on TEAMtalk.com. TEAMtalk in no way endorses these
third parties and any such transactions, dealings, correspondence with or payment
for goods and services and any other terms, conditions, warranties or
representations associated with such matters are solely between corresponding
User and the third party. TEAMtalk assumes no liability, obligation or
responsibility for any part of any such transaction, dealing, correspondence or
participation. 6. Monitoring TEAMtalk shall have the
right, but not the obligation, to monitor the content of TEAMtalk.com,
including community areas, to determine compliance with the Agreement and any operating
rules established by TEAMtalk and to satisfy any law, regulation or authorised
government request. TEAMtalk shall have the right in its sole discretion to
edit, refuse to post or remove any material submitted to or posted on
TEAMtalk.com. Without limiting the foregoing, TEAMtalk shall have the right to
remove any material that TEAMtalk.com, in its sole discretion, finds to be in
violation of the provisions hereof or otherwise objectionable. 7. Indemnification User agrees to defend,
indemnify and hold harmless TEAMtalk, its affiliates, licensors and their
respective directors, officers, employees and agents from and against all
claims and expenses, including legal fees, arising out of the use of
TEAMtalk.com by User or User's Account. 8. Termination Either TEAMtalk or User may
terminate this Agreement at any time. Without limiting the foregoing, TEAMtalk
shall have the right immediately to terminate User's Account in the event of
any conduct by User which TEAMtalk, in its sole discretion, considers to be
unacceptable, or in the event of any breach by User of this Agreement. The
provisions of Sections 4(b), 4(c), 4(d), 5, 7, 9 and this Section 8 shall
survive termination of this Agreement. 9. Trademarks TEAMtalk.com and
TEAMtalk.com Limited and each of their logos are trademarks of TEAMtalk. All
rights reserved. All other trademarks appearing on TEAMtalk.com are the
property of their respective owners. 10. Miscellaneous This Agreement and any operating rules for TEAMtalk.com established by TEAMtalk constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written oral agreements between the parties with respect to such subject matter. This Agreement is governed by and construed in accordance with the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts. If any provision(s) of the Service Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. TEAMtalk's failure to exercise or enforce any right or provision of the Service Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed by TEAMtalk in writing. The section headings used herein are for convenience only and shall not be give any legal import.
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