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ACCEPTANCE OF TERMS
Please read this agreement carefully before using the services. They represent the terms and conditions ("Terms") for using our websites together with the content, directory services, search facilities, e-mail, newsgroups, chat forums and other services provided from time to time (the "Services"). Using our websites indicates that you accept the Terms. If you do not agree to these, then do not use our websites. You are permitted to use our websites solely on the basis of these Terms. We reserve the right, at our discretion, to update and/or revise these Terms. Please check periodically for changes.
The websites available at www.BritishInformation.com and "these domains" (the "Sites") are owned and operated by Stem Distribution Limited, trading as BritishInformation.Com ("BIC").
THIS IN AN AGREEMENT BETWEEN YOU AND BIC
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| 1. | USE OF THE SERVICES |
| 1.1 | Subject to the Terms of this agreement, you are authorised to view and download the Services for your personal use only. BIC may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. BIC may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. |
| 1.2 | You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. |
| 1.3 | Any BIC site may contain additional terms (for example conduct guidelines) that further govern the use of that BIC website, including without limitation particular features or offers (for example competitions). If any terms contained in this agreement conflict with any terms contained within a BIC website, then the terms in this agreement shall control.
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| 2. | SITES CONTENT |
| 2.1 | All materials displayed or performed on the Sites (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright, and owned or controlled by BIC or our third party content providers. You may not sell, transfer, modify, copy, transmit, distribute, display, reproduce, publish, licence or create works from the Sites or otherwise use them for any public or commercial use without our express written consent. |
| 2.2 | BIC may change the BIC websites or delete features in any way, at any time and for any reason.
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| 3. | REGISTRATION & SECURITY |
| 3.1 | As part of the registration process, you will select a password and user name for your e-mail account, chat forum account and other registration areas of the sites ("Account ID"). You shall provide BIC with accurate and complete information. Failure to do so shall constitute a breach of this agreement, which may result in immediate termination of your account. You may not select or use as your Account ID a name of another person with the intent to impersonate that person. We reserve the right to refuse registration of or cancel your Account at our discretion. |
| 3.2 | You shall be responsible for maintaining the security of the Account, password, files, and for all uses of the Account, with or without your knowledge or consent. We are not liable for any loss that you might suffer through another.s use of the Account. You shall notify BIC at: support@Britishinformation.com of any known or suspected unauthorised use(s) of the Account, or any known or suspected breach of security on the Sites, including loss, theft, or unauthorised disclosure of your password or credit card information. You shall be responsible for maintaining the confidentiality of your password. |
| 3.3 | You shall be responsible for ensuring that you exit from your account at the end of each session. |
| 3.4 | BIC cannot and will not be liable for any loss or damage arising from your failure to comply with section 3.
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| 4. | MEMBER CONDUCT |
| 4.1 | You shall not upload to, display on, or distribute or otherwise publish through, the Sites any Content which is libelous, defamatory, obscene, abusive, or otherwise violates any law. |
| 4.2 | Our forums and message boards shall be used only in a non-commercial manner. You shall not, without our prior written consent, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services. You shall not make use of anyone.s membership profile for commercial purposes. |
| 4.3 | You hereby grant BIC a perpetual, royalty free, worldwide, sub-licensable, non-exclusive, irrevocable license to use, reproduce, perform, display, electronically transmit, and create derivative works based on any Content you upload or post on the Sites, and you also warrant that you have the full power and authority to grant such a license. |
| 4.4 | You will not run Maillist, Listserv, any form of auto-responder, or "SPAM" on the Sites, or any processes that run or are activated while a user is not logged in. |
| 4.5 | You will not upload, post email or otherwise transmit content that you do not have the right to transmit under any law or contractual relationship (such as confidential information). |
| 4.6 | You will not upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. |
| 4.7 | You will not upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, spam, chain letters, junk mail or any other form of solicitation except in those areas that are clearly designated for such purpose. |
| 4.8 | You will not upload, post, email or otherwise transmit any material that contains viruses or any other code, files or progammes designed to damage, interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment. |
| 4.9 | You are prohibited from uploading, viewing, or transferring pornographic materials. You may not use or allow others to use the Account either directly or indirectly to post, transmit, or promote any unlawful, harmful, threatening, abusive, harassing, defamatory, hateful, racially, ethnically or otherwise objectionable Content; harass, threaten, embarrass, or cause distress, unwanted attention or discomfort upon another Site you or other person or entity. |
| 4.10 | Use of the Account to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. |
| 4.11 | You shall be civil and show respect for others. You shall not interfere with another's enjoyment of the Services. You may not target another to cause distress, embarrassment, unwanted attention or other discomfort. You may disagree with someone's point of view. BIC encourages lively discussion in the Site's chat rooms and message boards - but personal attacks are not allowed. Under no circumstances must you attack a person based on the person's race national origin, ethnicity, religion, gender, sexual orientation, disability or other identification.
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| 5. | BIC PRIVICY POLICY |
| 5.1 | Registration data and certain other information about you is subject to our privacy policy. For more information, please see our full privacy policy.
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| 6. | WARRANTY DISCLAIMER |
| 6.1 | We have no special relationship/fiduciary duty to any of the sites you find on BIC ("Partner Sites") and make no commitment to screen, edit, monitor, or censor any content transmitted or received via the Partner Sites. You acknowledge that we have no control over, and no duty to take any action regarding: what information you access via the Partner Sites; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. We make no representations concerning any content contained in or accessed through the Sites, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites. |
| 6.2 | Your dealings with, and interest in, services, merchants or promotions found on or via our Sites are solely between you and the person with whom you are dealing and unfortunately we are not able to take any responsibility for any losses or damages that may arise from such dealings. Further, any reliance placed on the content on any site found via BIC is entirely at your own risk. |
| 6.3 | We will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on our equipment, transmitted over networks accessed by the Sites, or otherwise connected with your use of the Services.
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| 7. | INDEMNITY |
| 7.1 | You agree to indemnify and hold BIC harmless from all liabilities, claims and expenses that arise out of the content you submit, post or transmit via BIC sites, or from your use/misuse of the sites or the use/misuse by any person for whom you are responsible or from your violation of the terms.
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| 8. | GENERAL PRACTICES REGARDING USE AND STORAGE |
| 8.1 | You agree that BIC may establish general practices and limits regarding use of the service, including without limitation the maximum number of days that email messages, postings or other content will be retained by the service, the maximum number of email messages that may be sent by or received by an account on the service and the maximum size of messages. |
| 8.2 | You agree that BIC will not be held responsible or liable for the deletion or failure to store any messages, communications or other content maintained or transmitted by the service. |
| 8.3 | You agree that BIC reserves the right to delete accounts that are inactive for a period of time. |
| 8.4 | You agree that in using the service you may also be subject to additional terms and conditions that may apply when you use affiliate services, third party content or third party software.
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| 9. | DEALERS WITH ADVERTISERS AND MERCHANTS |
| 9.1 | You agree that your dealings with, or participation in promotions of advertisers and merchants found on or through the service including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers or merchant, and you agree not to hold BIC liable for any disputes you may have with such advertisers or merchant.
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| 10. | LINKS |
| 10.1 | The service may provide, or third parties may provide, links to other World Wide Web sites or resources. As BIC has no control over such sites and resources you agree that BIC is not responsible for the availability of such external sites or resources and is not liable for the content found at such sites or resources.
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| 11. | LIMITATION OF LIABILITY |
| 11.1 | The Services, Content, Sites and any software are provided on an "AS IS" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. |
| 11.2 | BIC assumes no liability for any viruses or any other disabling features that affect your access to or use of BIC websites. |
| 11.3 | BIC assumes no liability for any incompatibility between the BIC web sites and other web sites, services, software and hardware. |
| 11.4 | BIC assumes no liability for any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the BIC web sites. |
| 11.5 | BIC assumes no liability for any modification, suspension or discontinuance of any of its websites, domain names or services. |
| BIC ASSUMES NO LIABILITY FOR ANY USE OF THE SITES INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES WHETHER ARISING FROM ANY LOSS OF PROFITS, LOSS OF REVENUE BUSINESS INTERRUPTION, LOSS OF PROGRAMMES OR OTHERWISE.
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| 12. | FORCE MAJEURE |
| 12.1 | Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected. |
| 12.2 | Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused (I) by causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under this Agreement, provided that, as a condition to the claim of non-liability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
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| 13. | BIC PROPRIETARY RIGHTS |
| 13.1 | You acknowledge and agree that the service and any necessary software used in connection with the service contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
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| 14. | COMMUNICATIONS |
| 14.1 | From time to time, we may send to your BIC email account (or to an alternate email account that you designate), information about changes or additions to the Services, or about any of our related products or services.
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| 15. | TERMINATION |
| 15.1 | BIC reserves the right, in our absolute discretion, to terminate your access to all or part of the Services with or without notice. Upon such termination or suspension you will be denied access to any information you or files you have stored on the BIC websites or server and this may not be retrieved later. |
| 15.2 | BIC reserves the right in our absolute discretion to discontinue the sites or services, or any part thereof, at any time, with or without notice.
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| 16. | MISCELLANEOUS |
| (i) | The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. BIC shall not be liable for any failure to perform any obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). |
| (ii) | If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. |
| (iii) | This Agreement is not assignable, transferable or sub-licensable except with our prior written consent. |
| (iv) | This Agreement shall be governed by and construed in accordance with the laws of England and the parties submit to the non-exclusive jurisdiction of the High Court of London. |
| (v) | In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and legal fees. |
| (vi) | Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. |
| (vii) | No agency, partnership, joint venture, or employment is created as a result of this Agreement. |
| (viii) | All notices under this Agreement shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or e-mail or upon receipt, if sent by certified or registered mail to Stem Distribution Limited, Melbury House, 34 Southborough Road , Bickley, Kent, BR1 2EB
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| Last updated on April 15th, 2005 |
