TERMS AND CONDITIONS OF USE OF MyForumStuff.
1 ACCEPTANCE OF TERMS
1.1 Your access to and use of MyForumStuff ("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 provides you with dynamic graphics for use in discussion
forums or another online location of your choosing. 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.
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
4.1 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.
4.2 We use a technology called "cookies" as part of our normal business
procedure to track patterns of behaviour of visitors to the Website.
A cookie is an element of data that the Website sends to your browser
that is then stored on your system. You can set your browser to prevent
this happening. Any information collected in this way can be used to
identify you unless you change your browser settings.
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 MyForumStuff 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 Content and you acknowledge that by using
the Services you may be exposed to Content that is offensive and/or
indecent. supers use the Services to send junk email, spam, chain letters,
pyramid schemes or MyForumStuff 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:
6.2.1any other unsolicited messages, commercial or otherwise;
6.2.2 post, publish, distribute or disseminate material or information
that is defamatory, infringing, obscene, indecent, threatening, abusive,
harassing or unlawful;
6.2.3 post, publish, distribute or disseminate
material or information that incites discrimination, hate or violence
towards any person or group on account of their race, religion, disability,
nationality or otherwise;
6.2.4 threaten, abuse, disrupt, stalk or otherwise
violate the legal rights (including rights of privacy and publicity)
of others;
6.2.5 use any information or material in any manner that
infringes any copyright, trademark, patent or other proprietary right
of any party;
6.2.6 make available or upload files that contain a virus,
worm, trojan or corrupt data that may damage the operation of the computer
or property of another;
6.2.7 collect or store personal information
about others, including email addresses;
6.2.8 advertise or offer to
buy or sell goods or services for any commercial purpose, unless such
communication facility specifically allows such messages;
6.2.9 impersonate
any person or entity for the purpose of misleading others;
6.2.10 violate
any applicable laws or regulations;
6.2.11 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;
6.2.12 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); 6.2.13 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.
6.3 We have no obligation to monitor the Services but shall
be entitled to review materials posted to a communications facility
and, at our sole discretion, to remove any material that breaches these
Terms and Conditions or is otherwise objectionable.
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 MyForumStuff 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 States of America 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 MyForumStuff
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 MyForumStuff harmless from and against any breach by
you of these Terms and Conditions and any claim or demand brought against
MyForumStuff 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 MyForumStuff 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, MyForumStuff
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 MyForumStuff 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 MyForumStuff for death or personal injury as a result
of the negligence of MyForumStuff.
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.