The Community Portal is managed and owned by Touch (GoE) plc ("Touch").
Thanks for using the Interactive Community Portal website (the "Website").
This page states the terms and conditions (the "Terms" or the "Agreement")
under which you may use the Website. Please read this page carefully. By accessing the Website you accept and agree to be bound by these Terms. If you do not accept any of the Terms stated here, do not use the Website. Touch may, in its sole discretion, modify or revise these Terms at any time by updating this page. Users are bound by any such modifications.
Item A: Website Materials
The contents of this Website, including but not limited to text, graphics, illustrations, logos, software, trademarks, service marks and other material ("Material") are protected by copyright and other laws.
Touch authorises you to view the Material on the Website solely for your personal, non-commercial use. You may not sell or modify the Material or reproduce, display, distribute, or otherwise use the Material in any way for any public or commercial purpose without the written permission of Touch. If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies of the Material you have made.
Item B: Website Warranties
The Community Portal Website and materials contained therein are provided on an "AS IS" basis without any warranties of any kind, either express or implied. Touch disclaims all warranties, included but not limited to warranties of title, quality, accuracy, suitability, completeness, fitness for a particular purpose, freedom from viruses and non-infringement of third party rights. Touch make no warranties about the accuracy, completeness, reliability or timeliness of the material and links presented on the Website.
Touch does not warrant that the Website will operate without error or that the Website and its server are free of computer viruses or other harmful code. Touch is not responsible for any costs associated with servicing or replacing your equipment or data due to your use of this Website. The Community Portal contains materials provided by third parties, and likewise Touch will not be held responsible for any such third party material.
Item C: Disclaimer of Damages & Limitation of Liability
Your use of Interactive Community Portal is at your own risk. If you are dissatisfied with any of the Materials or other contents of the Website or with these Terms and Conditions, our Privacy Policy or any other policies, your sole remedy is to discontinue use of the Website.
Other than personal injury or death caused by Touchs negligence, in no event shall Touch be liable to any user or other third party for any damages resulting from the use or inability to use the Website, the materials contained therein or any link to another website. This disclaimer and limitation includes direct, indirect, incidental, special, consequential (including loss of business, profit or goodwill), loss of data or exemplary damages and applies whether based on warranty, contract, tort (including negligence), common law or statute, regardless of whether Touch is advised of the possibility of such damages.
Item D: Public & User Submissions - General
The Community Portal includes postings, listings, stories, and articles from third parties. Such content is the responsibility of the third party creator of the content. Touch has no responsibility for such content and is merely providing access to such content as a service to you. While Touch will endeavour to remove any offensive or harmful content from the Website as soon as it comes to our attention, third party materials may include offensive, inappropriate, harmful, or deceptive information. HOWEVER, WE EXPECT YOU TO USE CAUTION AND COMMON SENSE AND EXERCISE GOOD JUDGMENT WHEN USING THIRD PARTY INFORMATION.
Item E: User Responsibilities & Privileges
You agree that you are responsible for your own submissions and postings and for any consequences thereof. You agree to use the Community Portal only to post materials that are:
- legal, proper, decent, honest, complete and accurate and that comply with all relevant codes including, without limitation, the British Code of Advertising Practice and all other codes under the general supervision of the Advertising Standards Authority;
- not an advertisement under the Financial Services Act 1986;
- related to the purposes of this geographic community.
By way of example, and not as a limitation, you agree that when using this Website, you will not:
- Defame, abuse, harass, stalk, threaten, breach the confidence of or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, insert, transmit, upload, distribute or disseminate or offer to do the same (hereinafter "Post") any inappropriate, defamatory, untrue, offensive, malicious, infringing, obscene, indecent, threatening or unlawful material or information.
- Post any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to post or transmit such material.
- Post any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell any goods or services for any commercial purpose, other than in areas of the Website intended for such uses.
- Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is Posted.
- Restrict or inhibit any other user from using and enjoying the use of the Website.
- Conduct or forward competitions, surveys or chain letters.
- Hack into any part of the Website.
- Send any unsolicited advertisement or other promotional material i.e. spam.
- Commit or encourage a criminal offence.
Item F: Our Obligation to Monitor Content
Touch does not control or endorse and is not responsible for the information posted by registered Members, and has no obligation to monitor postings. However, Touch reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in Touch's sole discretion.
Touch does not endorse, support, represent or guarantee the truthfulness, accuracy or reliability of any information posted by third parties, or endorse any opinions expressed by them. You acknowledge that any reliance on material so posted will be at your own risk.
If Touch is notified by a user of content which allegedly does not conform to any term of this Agreement, we may investigate the allegation and determine in good faith and in our sole discretion whether to remove or request the removal of the content. Touch will have no liability or responsibility for performance or non-performance of such investigation. Touch reserves the right to terminate or restrict your access to any or all Membership privileges at any time without notice for any reason whatsoever.
Item G: Copyright Infringement
Touch may, in appropriate circumstances and at its sole discretion, remove or disable access to material on the Website that infringes on the rights of others. If you believe that your work has been used on the Website in a manner that constitutes copyright infringement, please provide Touch with a written notice - by postal mail, e-mail, or FAX - that includes the following information:
- The signature (electronic or physical) of a person authorised to act on behalf of the owner of the exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed.
- A description of where the material in question is located on the Website.
- Your mailing address, telephone number, and email address
A statement by you that you believe in good faith that the disputed use is not authorised by the copyright owner, its agent, or the law.
- A statement by you that the information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.
For purposes of such notice, Touch's address for notice is as follows:
Touch Community Portal,
Touch (GoE) plc
8th Floor, Cardinal Tower,
Farringdon Road, London
EC1M 3NN
Phone: 020 7452 5300
Fax: 020 7452 5301
Email: info@touchplc.com
Item H: Links to Other Websites
The Community Portal contains links to third party websites that are maintained by others. These links are provided solely as a convenience to our users, and are not an endorsement by Touch of the contents on such third-party websites. Touch is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites. If you decide to access linked third-party websites, you do so at your own risk.
Item I: Indemnity
You agree to defend, indemnify and hold harmless the Community Portal, Touch, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use of the Material or your breach of the terms of this Agreement. Touch will provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably assist you, at your expense, in defending any such claim, suit or proceeding. This indemnity shall survive termination of the Agreement.
Item J: General Disclaimer
Touch makes no claims that the materials presented are appropriate for any particular purpose or audience. Access to the materials may not be legal by certain persons. If you access the Website from outside of the United Kingdom, you are responsible for compliance with the laws of your jurisdiction.
Item K: Termination
Touch may terminate your right to use or access the Website at any time for any reason without notice.
Touch reserves the right to cease operating the whole or any part of the Website at any time.
The termination of this Agreement (for any reason) shall;
(i) be without prejudice to any other rights or remedies which Touch may be entitled to under this Agreement or at law;
(ii) not affect any accrued rights or liabilities which Touch may then have; and
(iii) not affect the coming into or continuance in force of any provision of this Agreement which is expressly or by implication intended to come into or continue in force after such termination.
Item L: General
From time to time, Touch may change, alter or modify these Terms. Any changes to these Terms will be posted on the Website and any use by you of the Website after any such changes have been posted shall be deemed to indicate your agreement to the modified Conditions. If you do not agree to the modified Terms, you should cease use of the Website.
Touch may freely assign this Agreement. It may not be assigned by you.
Touch is headquartered in London, England. All legal issues arising from or related to the use of the Website shall be construed in accordance with and determined by English Law.
You hereby accept and irrevocably submit to the non-exclusive jurisdiction of the English courts.
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