Terms of Service
This Site belongs to Aldbourne.net. Please read these Terms carefully, including the Description of Services, Rules of Use and Safety and Security Notice.
1.1 In these Terms:
1.2.1 “Services” means the services as set out in the Description of Services section below;
1.2.2 “Site” means the website at http://www.aldbourne.net; and
1.2 In these Terms, headings are for construction only and do not affect the meaning of the Terms.
1.3 We agree to provide our Services to you on the following Terms. These Terms constitute a contract between you and us and must be read together with any other documents explicitly agreed to be part of this contract. Any other terms contained in any other document are excluded unless their inclusion is expressly agreed in writing.
1.4 These Terms should be read together with the attached Description of Services, Rules of Use and Safety and Security Notice which form part of this contract.
1.5 We reserve the right at any time, in our sole discretion, to make any changes to these Terms. Any changes will be notified to you by publishing the revised Terms on this Site. By continuing to use the Services after such publication you agree to be bound by such changes.
2. Our Obligations
2.1 In accordance with these Terms and the Description of Services, we will store your information on our system and make available such information for access by you. We will ensure the amendment of your information only in accordance with your instructions.
2.2 We agree to keep your information confidential, as well as any other matter which is either indicated by you as being confidential or which is clearly of a confidential nature.
3. Your Obligations
3.1 You agree that you will be responsible for all use of the Services made using your user name and password. You will protect and secure your user name and password against unauthorised use.
3.2 You agree to inform us immediately if at any time you believe your user name and password may be being used by unauthorised persons.
3.3 You agree not to (i) rent, lease, assign or loan the Services (ii) transmit electronically the Services over a network (except as necessary for your licensed use of them) or (iii) use the Services in any way not expressly provided by these Terms.
3.4 You agree to use the Services personally and for non-business use only, in accordance with these Terms and only for lawful purposes, and you agree to comply with any law or regulation that is applicable to you. For the avoidance of doubt, you may not send unsolicited commercial communications to other users of this Site without their prior consent.
3.5 You agree to complete the registration process in accordance with the attached Rules of Registration.
3.7 You confirm that any information or other materials provided by you to us, and any software or equipment employed by you in your use of the Services, will not infringe the intellectual property rights of any third party and will not violate the laws or regulations of any country which may have jurisdiction over such use.
3.8 You agree to give us prompt notice of any claim made against you for infringement of copyright in connection with your use of the Services.
3.9 You agree that we have the right to defend any such claims and to make settlements of them at our discretion and that you will give such assistance as we may reasonably require to settle or oppose any such claims.
3.10 If such an infringement occurs we may (at our option) modify the Services or the infringing part so that it becomes non-infringing, without (as far as possible) downgrading the performance of the Services.
3.12 You agree not to make any unauthorised use of material on this Site (including photographs and graphical images), the copyright and any other intellectual property rights of which are owned by us or our licensors.
3.13 No part of this Site may be reproduced or stored on any other website or included in any public or private retrieval system or service without our prior written authority.
This Site carries advertisements and links to other websites considered of general interest or relevance. We do not either expressly or by implication endorse the goods or services of any advertiser or externally linked website.
5.1 We will supply the Services with reasonable skill and care. However, we do not warrant that the functions contained in the Services are error-free or continuous and access to this Site may be suspended without notice for any period as a result of system failure, maintenance or repair or for any other reason.
5.2 We will not be liable for any indirect, economic or consequential loss of whatever nature (including, without limitation, loss of data, loss of profit, wasted management time, loss of business opportunity, loss of goodwill and computer downtime), whether caused by breach of contract, breach of statutory duty, negligence or otherwise.
5.3 Nothing in these Terms is to be interpreted as an attempt to limit or exclude our liability for personal injury or death resulting from our negligence. If you are a consumer, nothing we say affects your statutory rights.
5.4 We will not be held responsible should the Services fail to meet your requirements as a result (directly or indirectly) of your breach of these Terms.
5.5 We do not warrant that the information accessible via this Site is accurate, complete or current. We have no liability whatsoever in respect of any use which you make of such information.
5.6 We accept no representation as to security, quality or propriety of websites to which there are links on this Site. We accept no liability in any way for any loss suffered by you in relation to your use of other websites. Such other websites are subject to separate terms, which should be read before you use those websites.
5.7 We make no warranty that this Site is free from viruses or defects, compatible with your equipment or fit for any purpose. You must take all appropriate steps to protect your software, hardware and any other interests by using the appropriate anti-virus and firewall precautions as well as any other available precaution.
If any dispute arises out of this contract the parties will attempt in good faith to negotiate a settlement. If the matter is not resolved by negotiation, the parties will refer it to mediation in accordance with the Centre for Effective Dispute Resolution (“CEDR”) Model Mediation Procedure. (See http://www.cedr.co.uk). Unless otherwise agreed, the mediator will be appointed by CEDR. If the parties fail to agree terms of settlement within 42 days of the start of the first meeting held under such procedure, the dispute may be referred to litigation by either party.
7.1 Unless otherwise specifically agreed, either party can terminate this contract at any time by giving 1 week’s written notice to the other.
7.2 Both you or us will be entitled to terminate this contract immediately, by written notice to the other, if the other commits any breach of these Terms.
The failure by us to enforce any of these Terms will not be deemed as a waiver of the right to enforce such term or condition.
These Terms will be governed by English Law and you and we submit to the exclusive jurisdiction of the English Courts.
Description of Services
Aldbourne.net is an online community resource providing services to its users including news, diary forums and business listings.
Rules of Use
To use this Site fully you must register for a username and password. The information that you provide in the registration process must be true, accurate, current and complete and must be maintained in that manner.
No-one under 18, unless supervised by a consenting parent or guardian, may use the Services at any time; neither may they be used by anyone temporarily or permanently banned from use.
After successful registration you will be provided with a designated account and password.
You are required to keep your username and password secure at all times. You can change your password at any time whilst logged in, via your account page.
You acknowledge that you are solely responsible for the content of your submissions and we accept no liability in relation to such content.
You are prohibited from uploading anything which:
- is unlawful, harassing, threatening, defamatory, harmful, profane, indecent, pornographic, vulgar, obscene, abusive, libellous, invasive of another’s privacy, hateful (racially or ethnically) or otherwise objectionable, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
- is not your own work, inaccurate or an opinion not genuinely held;
- s in violation of a patent, trade mark, copyright, trade secret or other intellectual property rights of others for which you have not obtained all necessary licences and/or approvals;
- constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law or infringe the rights of any third party, in the UK or in any other country;
- constitutes any form of marketing or advertising;
- is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
- is in excess of the maximum upload limit of 100 Mega Bytes.
Safety and Security Notice
Users should take all steps to protect their geographic and email addresses from unknown users on this Site. This includes consideration of whether there is any identifiable information in photographs, graphical images or other information posted on this Site.
We are concerned about the safety and privacy of all its users, particularly children. As a parent or guardian of any child you must decide whether the Services provided on this Site are appropriate for the child in question. For the avoidance of doubt, a child is a person under the age of 18.
We will report to the relevant law enforcement authorities, and other appropriate bodies, any illegal activity or behaviour that we regard to be in any way inappropriate towards any user of this Site, particularly where children are involved.