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Terms of Service
1. Acceptance Of Terms
The ActivityForum Service (the "Service")
provides a variety of tools to create, manage and host, event and activity
groups it also provides a mechanism to exchange information on events
between groups and organisations. The provision of this Service is subject
to the following terms and conditions and any rules, guidelines or policies
(collectively, "Terms of Service") that may be published from
time to time by the copyright holder and/or its licencees, subsidiaries,
parent, affiliates, officers, directors, employees, agents, etc. (collectively,
"ActivityForum"). We may update any or all of the Terms of Service
from time to time without notice. Please read them carefully. You understand
that the Service is provided "AS-IS" and that ActivityForum
assumes no responsibility for the timeliness, deletion, misdelivery or
failure.
2. Hosting Service Description
The service is provided on a server computer ("Server")
which is integrated into the World Wide Web via the Internet and offers
a hosting service. You the Client wish to host a service using the facilities
of ActivityForum supplied by a third party (Community Hosting Ltd ) upon
the terms and conditions of this agreement.
For the purposes of clarification reference to ActivityForum Ltd also
include Community Hosting Ltd with regard to operational usage and control.
3. Hosting Fees & Related Charges
Please contact ActivityForum Ltd for information.
4. User Registration password & Security
As a condition of using the Service, you agree to:
(a) provide true, accurate, current and complete information about yourself
and your group (the "Registration Data") as prompted by the
forms;
(b) to maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete or ActivityForum has reasonable
grounds to believe that such information is untrue, inaccurate, not current
or incomplete, ActivityForum has the right to suspend or terminate your
account and/or any group created under your account, and refuse any and
all current or future use of the Service. You will receive a password
and account designation through the manager of a group or organisation
within ActivityForum. You are responsible for maintaining the confidentiality
of that password. You understand that any Content (as defined in Section
13 below) sent through the ActivityForum mailing list system may be viewed
through the ActivityForum web site. Group Content may be private or public.
If any entered information is intended to be private, it is the sole responsibility
of the member who has created the information to use the Service properly
to make sure that such privacy is achieved and securely managing passwords
and other access capabilities. You agree to notify ActivityForum immediately
of any unauthorised use of your or your group's password or account or
any unauthorised use of any group created under your account.
5. Member Privacy
ActivityForum is concerned about the safety and privacy of all of its users.
6. Member Conduct
You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from whom such Content originated.
This means that you, not ActivityForum, are entirely responsible for all
Content that you upload, post, email or otherwise transmit using the Service.
The ActivityForum does not control the Content posted using the Service
and as, such does not guarantee the accuracy, integrity or quality of
such Content. Under no circumstance will ActivityForum be liable in any
way for any Content, including, but not limited to, errors or omissions
in any Content, or for any loss or damage of any kind incurred as a result
of the use of any Content uploaded, posted, emailed or otherwise transmitted
or hosted using the Service.
You acknowledge that ActivityForum does not pre-screen
Content, but that ActivityForum shall have the right (but not the obligation)
to refuse or move or delete any Content that is made available using the
Service, including without limitation any Content that violates the Terms
of Service or is otherwise objectionable. You also acknowledge and agree
that ActivityForum may preserve or remove Content and may disclose Content,
including information about your account or your use of the Service, to
any third party if required to do so by law or in the good faith belief
that such preservation, removal or disclosure is necessary to:
(a) comply with legal process;
(b) enforce the Terms of Service;
(c) respond to claims that any Content violated the rights of third parties;
or
(d) protect the rights, property, or personal safety of ActivityForum,
its members or the public.
By way of example, and not as a limitation, you agree
that ActivityForum may remove Content or terminate your account or any
group created by you, without notice, if ActivityForum believes, in its
sole discretion, that you, or any member of your group, fail to comply
with the following basic standards:
(a) All information and activities are legal, decent
and honest in terms of the applicable and standards
(b) Data protection legislation within the applicable law must be adhered
to in order that collection of personal information is not traded or disclosed
(c) Distance selling requirements as related to on-line activities must
be complied with as laid down in the applicable law
(d) Other applicable trading standards and laws and regulations as the
same are created from time to time and notified to the client
7. Special Admonitions For International Use
Recognising the global nature of the Internet, you agree
to comply with all local laws, rules regarding online conduct and acceptable
Content.
8. Termination
You agree that ActivityForum, in its sole discretion,
may terminate your, or your group's, your organisation's, or any member
of your group's password, account or use of the Service, and remove and
discard any Content within the Service, for any reason, including without
limitation, for lack of use or if ActivityForum believes that you or any
member of your group have violated or acted inconsistently with the letter
or spirit of the Terms of Service. ActivityForum may also, in its sole
discretion and at any time, discontinue providing the Service, or any
part thereof, with or without notice. You agree that any termination of
access to the Service under any provision of the Terms of Service may
be effected without notice, and acknowledge and agree that ActivityForum
may immediately deactivate or delete your account and all related information
and files in your account and/or bar any further access to such files
or the Service. Further, you agree that ActivityForum shall not be liable
to you or any third party for any termination of access to the Service.
9. No Resale Of Service
You agree not to reproduce, duplicate, copy, sell, resell
or exploit for any commercial purposes, the Service, use of the Service
or access to the Service other than in accordance with any legally binding
contracts, agreements or licences entered into with ActivityForum that
do not infringe the copyrights of ActivityForum Limited the holders
Intellectual Property Rights or Community Hosting Limited the providers
of the Hosting Service.
10. Practises Regarding Use & Storage Of Data
ActivityForum may from time to time establish general
practices and limits concerning the use of the Service, including the
maximum number of days that messages. postings or other Content may be
retained on the Service and maximum and minimum levels of activity. You
agree that ActivityForum has no responsibility or liability for the deletion
or failure to store any messages and other communications or other Content
maintained or transmitted through the Service. You acknowledge that ActivityForum
reserves the right to terminate groups, organisations or member accounts
that are inactive for an extended period of time. You acknowledge and
agree that ActivityForum reserves the right to change these general practices
and limits at any time, in its sole discretion, with or without notice.
11. Indemnification
You agree to indemnify, defend and hold harmless ActivityForum
from any loss, liability, claim, demand, damage, or expenses (including
reasonable legal fees) asserted by any third party due to or arising from
or in connection with:
(a) the Content you upload, submit, post, or transmit
through the Service;
(b) your use of the Service;
(c) your connection to the Service;
(d) your violation of the Terms of Service, or
(e) your violation of the rights of another. ActivityForum reserves the
right, at its own expense, to assume the exclusive defence and control
of any matter otherwise subject to indemnification by you, which shall
not excuse your indemnity obligations
12. Modifications To Service
ActivityForum reserves the right at any time and from
time to time to modify or discontinue, temporarily or permanently, the
Service (or any part thereof) with or without notice. You agree that ActivityForum
shall not be liable to you or any third party for any modification to
or discontinuance of the Service.
13. Content Posted On The Service
You agree that upon posting any material within a group
on the Service, you grant ActivityForum, and its successors and assigns,
a non-exclusive world-wide, royalty free, perpetual, non-revocable license
under your copyrights or other intellectual property rights, if any, in
such material to distribute, display, and reproduce such material to other
members of that group. You also grant ActivityForum the right to authorise
the downloading and printing in whole or in part of any material that
you have posted to a group on the Service, by members for their personal
use. You agree to take whatever action necessary to protect your own intellectual
property rights in such Content, including without limitation the posting
of appropriate copyright notices. Please refer to the Company's Copyright
Policy for further information on the enforcement of intellectual property
rights.
14. ActivityForum's Proprietry Rights
You acknowledge and agree that Content, including but
not limited to text, software, music, sound, photographs, graphics, video,
page layout and design or other material contained in the Service or information
presented through the Service by ActivityForum or ActivityForum's advertisers
is protected by their copyrights, trademarks, service marks, patents,
or other proprietary rights and laws. You acknowledge and agree that ActivityForum
can display images and text throughout the Service, including the insertion
of sponsor messages into messages distributed on ActivityForum mailing
lists. Content received through the Service may be displayed, reformatted,
and printed by you for your personal, non-commercial use only. You agree
not to modify, copy, reproduce, republish, upload, post, transmit, sell
or distribute in any way Content available through the Service, including
code and software.
15. External Links
The Service may provide, or third parties may provide,
links to other World Wide Web sites and resources. You acknowledge and
agree that ActivityForum is not responsible for the availability of these
outside resources, and does not endorse and is not responsible for any
Content, advertising, products or other material on or available from
such sites or resources. You further acknowledge and agree that ActivityForum
shall not be held responsible or liable, directly or indirectly, for any
loss or damage caused or alleged to have been caused by use of or reliance
on any such Content, goods or services available on or through any such
sites or resources.
16. Dealings With Advertisers & Other Third Parties
Your correspondence or business dealings with, or participation
in promotions of, advertisers or other third parties found on or through
the Service, including payment and delivery of related goods or services,
and other terms, conditions, warranties or representations associated
with such dealings, are solely between you and such advertiser. You agree
that ActivityForum shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings or as the
result of the presence of such advertisers on the Service.
17. Disclaimer Of Warrenties You Expressly Understand & Agree That:
Your use of the service is at your sole risk. The service
is provided on an "as is" and "as available" basis.
ActivityForum expressly disclaims all warranties of any kind, whether
express or implied, including but not limited to the implied warranties
of merchantability, fitness for a particular purpose and noninfringement.
ActivityForum makes no warranty that :
(a) the service will meet your requirements
(b) the service will be uninterrupted, timely, secure, or error free
(c) the results that may be obtained from the service will be accurate or reliable
(d) any errors in the service will be corrected or
(e) this service or the content retrieved through it are free of viruses or other harmful components.
ActivityForum makes no warranty regarding any goods
or services or the delivery of any goods or services purchased or obtained
through or from mailing lists or advertised through its sponsors or mailing
lists, or regarding any transactions entered into through such lists.
Any material downloaded or otherwise obtained through
the service is received at your own risk and you will be responsible for
any damage to you computer system or loss of data that results from the
download of any such material.
No advice or information, whether oral or written, obtained
by you from ActivityForum or through the service shall create any warranty
not expressly stated in the terms of service.
Limitation of Liability
You expressly understand and agree that under no circumstances,
including, but not limited to, negligence, shall ActivityForum be liable
for any direct, indirect, incidental, special, consequential or exemplary
damages, including but not limited to, damages for loss of profits, goodwill,
use, data or other intangible losses (even if ActivityForum has been advised
of the possibility of such damages), resulting from:
(a) the use or the inability to use the service for any reason
(b) the cost of procurement of substitute goods and services
(c) any goods or services purchased or obtained or content received or
transactions entered into through or from the service
(d) unauthorised access to or alteration of your transmissions or data
(e) statements, conduct or content of any third party on the service or
(f) any other matter relating to the service
You expressly understand and agree that ActivityForum
is not responsible or liable to you or anyone else for any threatening,
defamatory, obscene, offensive or illegal conduct of any other party or
any infringement of another's rights, including intellectual property
and publicity rights. if you are dissatisfied with the service, the materials
available on or through the service, or with any of the terms of service,
your sole and exclusive remedy is to discontinue using the service.
Some jurisdictions do not allow the exclusion of certain
warranties or the limitation or exclusion of liability for incidental
or consequential damages. accordingly, some of these limitations may not
apply to you.
18. Notice
Notices may be provided to you by email or regular mail.
The Service may also provide indirect notice of changes to the Terms of
Service or other matters by displaying notices or links to notices to
you generally on the Service.
19. Trademarks
ActivityForum will support the protection of all trademarks
used by ActivityForum Limited and its licensees.
20. Copyrights & Copyright Agents
ActivityForum respects the intellectual property of
others and we ask our users to do the same. If you believe that your work
has been copied in a way that constitutes copyright infringement, please
provide ActivityForum with the following information:
(a) an electronic or physical signature of the person
authorised to act on behalf of the owner of the copyright interest
(b) a description of the copyrighted work that you claim has been infringed
(c) a description of where the material that you claim is infringing is located on the site
(d) your address, telephone number and email address
(e) a statement by you that you have a good faith belief that the disputed
use is not authorised by the copyright owner, its agent or the law
(f) a statement by you, made under penalty of perjury, 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
(g) ActivityForum's Copyright owners for notice of claims of copyright
infringement can be reached at the following address:
The images on this website are for use only on this
website and may not be copied to your own or other websites and the copyright
owners are ActivityForum Ltd or Digital Vision Ltd.
Contact for questions regarding copyright of ActivityForum:
ActivityForum Limited
support@ActivityForum.co.uk
Mailing Address:
147 Britten Road
Basingstoke
Hampshire RG22 4HW
United Kingdom
Tel: 0333 207 0704
21. Miscellaneous
The Terms of Service constitute the entire agreement
between you and ActivityForum and govern your use of the Service, superceding
any prior agreements between you and ActivityForum. You may also be subject
to additional terms and conditions that may apply to your group (or as
defined by your group manager)and when you use affiliate services or Content.
The Terms of Service and the relationship between you and ActivityForum
shall be governed by and construed in accordance with the laws of the
United Kingdom without regard to its conflict of law provisions. You and
ActivityForum agree to submit to the personal and exclusive jurisdiction
of the courts located in the county of Hampshire, UK. The failure of ActivityForum
to exercise or enforce any right or provision of the Terms of Service
shall not constitute a waiver of such right or provision. If any provision
of the Terms of Service is found by a court of competent jurisdiction
to be invalid, then such provision(s) shall be construed, as nearly as
possible, to reflect the parties' intentions, and the other provisions
of the Terms of Service shall remain in full force and effect. You agree
that regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Service or to the Terms
of Service must be filed within one (1) year after such claim or cause
of action arose or be forever barred. The section titles in the Terms
of Service are for convenience only and have no legal or contractual effect
or significance.
22. Language
It is the express wish of the parties that the Terms
of Service and all related documents have been drawn up in English. C'est
la volonté expresse des parties que la présente convention
ainsi que les documents qui s'y rattachent soient rédigés
en anglais.
23. Violations
Please report any violations of the Terms of Service to:
ActivityForum Limited
support@ActivityForum.co.uk
Mailing Address:
147 Britten Road
Basingstoke
Hampshire RG22 4HW
United Kingdom
Tel: 0333 207 0704
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