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mySouthShields.co.uk Terms of Use Agreement
24 Jan 2008
This Terms of Use Agreement ("Agreement")
sets forth the legally binding terms for your
use of the mySouthShields Services. By using the
mySouthShields Services, you agree to be bound
by this Agreement, whether you are a "Visitor"
(which means that you simply browse the
mySouthShields Website) or you are a "Member"
(which means that you have registered with
mySouthShields.co.uk). The term "User" refers to
a Visitor or a Member. You are only authorized
to use the mySouthShields Services if you agree
to abide by all applicable laws and to this
Agreement. Please read this Agreement carefully
and save it. If you do not agree with it, you
should leave the mySouthShields Website and
discontinue use of the mySouthShields Services
immediately. If you wish to become a Member,
communicate with other Members and make use of
the mySouthShields Services, you must read this
Agreement and indicate your acceptance during
the Registration process.
This Agreement includes
mySouthShields.co.uk's policy for acceptable use
of the mySouthShields Services and Content
posted on the mySouthShields Website, your
rights, obligations and restrictions regarding
your use of the mySouthShields Services and
mySouthShields.co.uk's Privacy Policy. In order
to participate in certain mySouthShields
Services, you may be notified that you are
required to download software or content and/or
agree to additional terms and conditions. Unless
otherwise provided by the additional terms and
conditions applicable to the mySouthShields
Services in which you choose to participate,
those additional terms are hereby incorporated
into this Agreement.You may receive a copy of
this Agreement by emailing us
here
Subject: Terms of Use Agreement.
mySouthShields.co.uk may modify this
Agreement from time to time and such
modification shall be effective upon posting by
mySouthShields.co.uk on the mySouthShields
Website. mySouthShields will inform Members by
email about such modifications. If you do not
agree with such modification you have the right
to terminate your membership with
mySouthShields. You agree to be bound to any
changes to this Agreement when you use the
mySouthShields Services after the modification
has been posted for at least one month. It is
therefore important that you review this
Agreement regularly to ensure you are updated as
to any changes.
Please choose carefully the information you
post on mySouthShields.co.uk and that you
provide to other Users. Your
mySouthShields.co.uk profile may not include the
following items: telephone numbers, street
addresses, last names, and any photographs
containing nudity, or obscene, lewd, excessively
violent, harassing, sexually explicit or
otherwise objectionable subject matter. Despite
this prohibition, information provided by other
mySouthShields.co.uk Members (for instance, in
their Profile) may contain inaccurate,
inappropriate, offensive or sexually explicit
material, products or services, and
mySouthShields.co.uk assumes no responsibility
or liability for this material. If you become
aware of misuse of the mySouthShields Services
by any person, please contact mySouthShields or
click on the "Report Inappropriate Content" link
at the bottom of any mySouthShields.co.uk page.
mySouthShields.co.uk reserves the right, in
its sole discretion, to reject, refuse to post
or remove any posting (including private
messages) by you, or to restrict, suspend, or
terminate your access to all or any part of the
mySouthShields Services at any time, ,
particularly in cases listed under clause 8 of
these Terms of Use, with or without prior
notice., Liability is limited to the maximum
extent permitted by law according to clauses 12
and 13 of these Terms of Use in such a case.
Eligibility. Use of and Membership in
the mySouthShields Services is void where
prohibited. By using the mySouthShields
Services, you represent and warrant that (a)
all registration information you submit is
truthful and accurate; (b) you will maintain
the accuracy of such information; (c) you
are 14 years of age or older; and (d) your
use of the mySouthShields Services does not
violate any applicable law or regulation.
Your profile may be deleted and your
Membership may be terminated without
warning, if we believe that you are under 14
years of age.
Term and Termination.
a) This Agreement shall remain in full force
and effect while you use the mySouthShields
Services or are a Member.
b) You may terminate your Membership at any
time, for any reason. mySouthShields.co.uk may
terminate your Membership at any time, without
warning. Even after Membership is terminated,
this Agreement will remain in effect, including
sections 5-17.
Fees. mySouthShields.co.uk reserves
the right to alter, to depart from or to
cease offering its services free of charge
at any time, taking into account
mySouthShields.co.uk’s legitimate interests
and reasonable consumer expectations.
mySouthShields.co.uk will inform Members by
email if a service is to be offered in the
future for a fee. You can then decide if you
want to continue to use such service.
Your continued use of the service
after the proposed fee modification has
posted been posted for at least one month
will be considered acceptance of the
proposed fee modification. The same applies
if fees are raised by mySouthShields.co.uk.
If mySouthShields.co.uk terminates your
Membership because you have breached the
Agreement, you shall not be entitled to the
refund of any unused portion of subscription
fees.
Password. When you sign up to become
a Member, you will also be asked to choose a
password. You are entirely responsible for
maintaining the confidentiality of your
password. You agree not to use the account,
username, or password of another Member at
any time or to disclose your password to any
third party. You agree to notify
mySouthShields.co.uk immediately if you
suspect any unauthorized use of your account
or access to your password. You are solely
responsible for any and all use of your
account.
Non-commercial Use by Members. The
mySouthShields Services are for the personal
use of Members only and may not be used in
connection with any commercial endeavors
except those that are specifically endorsed
or approved by mySouthShields.co.uk. Illegal
and/or unauthorized use of the
mySouthShields Services, including
collecting usernames and/or email addresses
of Members by electronic or other means for
the purpose of sending unsolicited email or
unauthorized framing of or linking to the
mySouthShields Website is prohibited.
Commercial advertisements, affiliate links,
and other forms of solicitation may be
removed from Member profiles without notice
and may result in termination of Membership
privileges. Appropriate legal action will be
taken for any illegal or unauthorized use of
the mySouthShields Services.
Proprietary Rights in Content on
mySouthShields.co.uk.
mySouthShields.co.uk does not claim any
ownership rights in the text, files, images,
photos, video, sounds, musical works, works
of authorship, or any other materials
(collectively, "Content") that you post to
the mySouthShields Services. After posting
your Content to the mySouthShields Services,
you continue to retain all ownership rights
in such Content, and you continue to have
the right to use your Content in any way you
choose. By displaying or publishing
("posting") any Content on or through the
mySouthShields Services, you hereby grant to
mySouthShields.co.uk a limited license to
use, modify, publicly perform, publicly
display, reproduce, and distribute such
Content on and through the mySouthShields
Services. Without this license,
mySouthShields.co.uk would be unable to
provide the mySouthShields Services. For
example, without the right to modify Member
Content, mySouthShields.co.uk would not be
able to digitally compress music files that
Members submit or otherwise format Content
to satisfy technical requirements, and
without the right to publicly perform Member
Content, mySouthShields.co.uk could not
allow Users to listen to music posted by
Members. The license you grant to
mySouthShields.co.uk is non-exclusive
(meaning you are free to license your
Content to anyone else in addition to
mySouthShields.co.uk), fully-paid and
royalty-free (meaning that
mySouthShields.co.uk is not required to pay
you for the use on the mySouthShields
Services of the Content that you post),
sublicensable (so that mySouthShields.co.uk
is able to use its affiliates and
subcontractors such as Internet content
delivery networks to provide the
mySouthShields Services), and worldwide
(because the Internet and the mySouthShields
Services are global in reach). This license
will terminate at the time you remove your
Content from the mySouthShields Services.
The license does not grant
mySouthShields.co.uk the right to sell your
Content, nor does the license grant
mySouthShields.co.uk the right to distribute
your Content outside of the mySouthShields
Services.
You represent and warrant that: (i) you
own the Content posted by you on or through
the mySouthShields Services or otherwise
have the right to grant the license set
forth in this section, and (ii) the posting
of your Content on or through the
mySouthShields Services does not violate the
privacy rights, publicity rights,
intellectual property rights (including
copyrights), contract rights or any other
rights of any person. You agree to pay for
all royalties, fees, and any other monies
owing any person by reason of any Content
posted by you to or through the
mySouthShields Services.
The mySouthShields Services contain
Content of mySouthShields.co.uk
("mySouthShields.co.uk Content").
mySouthShields.co.uk Content is protected by
copyright, trademark, patent, trade secret
and other laws, and mySouthShields.co.uk
owns and retains all rights in the
mySouthShields.co.uk Content and the
mySouthShields Services.
mySouthShields.co.uk hereby grants you a
limited, revocable, nonsublicensable license
to reproduce and display the
mySouthShields.co.uk Content (excluding any
software code) solely for your personal use
in connection with viewing the
mySouthShields Website and using the
mySouthShields Services.
The mySouthShields Services contain
Content of Users and other
mySouthShields.co.uk licensors. Except for
Content posted by you, you may not copy,
modify, translate, publish, broadcast,
transmit, distribute, perform, display, or
sell any Content appearing on or through the
mySouthShields Services.
Content Posted.
mySouthShields.co.uk may delete any
Content that in the sole judgment of
mySouthShields.co.uk violates this Agreement
or which may be offensive, illegal or
violate the rights, harm, or threaten the
safety of any person. mySouthShields.co.uk
assumes no responsibility for monitoring the
mySouthShields Services for inappropriate
Content or conduct. If at any time
mySouthShields.co.uk chooses, in its sole
discretion, to monitor the mySouthShields
Services, mySouthShields.co.uk nonetheless
assumes no responsibility for the Content,
no obligation to modify or remove any
inappropriate Content, and no responsibility
for the conduct of the User submitting any
such Content.
You are solely responsible for the
Content that you post on or through any of
the mySouthShields Services, and any
material or information that you transmit to
other Members and for your interactions with
other Users. mySouthShields.co.uk does not
endorse and has no control over the Content.
Content is not necessarily reviewed by
mySouthShields.co.uk prior to posting and
does not necessarily reflect the opinions or
policies of mySouthShields.co.uk.
mySouthShields.co.uk makes no warranties,
express or implied, as to the Content or to
the accuracy and reliability of the Content
or any material or information that you
transmit to other Members.
Content/Activity Prohibited. The
following is a partial list of the kind of
Content that is illegal or prohibited to
post on or through the mySouthShields
Services. mySouthShields.co.uk reserves the
right to investigate and take appropriate
legal action against anyone who, in
mySouthShields.co.uk's sole discretion,
violates this provision, including without
limitation, removing the offending
communication from the mySouthShields
Services and terminating the Membership of
such violators. Prohibited Content includes,
but is not limited to Content that, in the
sole discretion of mySouthShields.co.uk:
is patently offensive and promotes
racism, bigotry, hatred or physical harm of
any kind against any group or individual;
harasses or advocates harassment of
another person;
exploits people in a sexual or violent
manner;
contains nudity, violence, or offensive
subject matter or contains a link to an
adult website;
solicits personal information from anyone
under 18;
provides any telephone numbers, street
addresses, last names, URLs or email
addresses;
promotes information that you know is
false or misleading or promotes illegal
activities or conduct that is abusive,
threatening, obscene, defamatory or
libelous;
promotes an illegal or unauthorized copy
of another person's copyrighted work, such
as providing pirated computer programs or
links to them, providing information to
circumvent manufacture-installed
copy-protect devices, or providing pirated
music or links to pirated music files;
involves the transmission of "junk mail,"
"chain letters," or unsolicited mass
mailing, instant messaging, "spimming," or
"spamming";
contains restricted or password only
access pages or hidden pages or images
(those not linked to or from another
accessible page);
furthers or promotes any criminal
activity or enterprise or provides
instructional information about illegal
activities including, but not limited to
making or buying illegal weapons, violating
someone's privacy, or providing or creating
computer viruses;
solicits passwords or personal
identifying information for commercial or
unlawful purposes from other Users;
involves commercial activities and/or
sales without our prior written consent such
as contests, sweepstakes, barter,
advertising, or pyramid schemes;
includes a photograph of another person
that you have posted without that person's
consent; or
for band and filmmaker profiles, uses
sexually suggestive imagery or any other
unfair, misleading or deceptive Content
intended to draw traffic to the profile.
The following is a partial list of the
kind of activity that is illegal or
prohibited on the mySouthShields Website and
through your use of the mySouthShields
Services. mySouthShields.co.uk reserves the
right to investigate and take appropriate
legal action against anyone who, in
mySouthShields.co.uk's sole discretion,
violates this provision, including without
limitation, reporting you to law enforcement
authorities. Prohibited activity includes,
but is not limited to:
criminal or tortious activity, including
child pornography, fraud, trafficking in
obscene material, drug dealing, gambling,
grooming, harassment, stalking, spamming,
spimming, sending of viruses or other
harmful files, copyright infringement,
patent infringement, or theft of trade
secrets;
advertising to, or solicitation of, any
Member to buy or sell any products or
services through the mySouthShields
Services. You may not transmit any chain
letters or junk email to other Members. It
is also a violation of these rules to use
any information obtained from the
mySouthShields Services in order to contact,
advertise to, solicit, or sell to any Member
without their prior explicit consent. In
order to protect our Members from such
advertising or solicitation,
mySouthShields.co.uk reserves the right to
restrict the number of emails which a Member
may send to other Members in any 24-hour
period to a number which
mySouthShields.co.uk deems appropriate in
its sole discretion. If you breach this
Agreement and send unsolicited bulk email,
instant messages or other unsolicited
communications of any kind through the
mySouthShields Services, you acknowledge
that you will have caused substantial harm
to mySouthShields.co.uk, but that the amount
of such harm would be extremely difficult to
ascertain. As a reasonable estimation of
such harm, you agree to pay
mySouthShields.co.uk £25 for each such
unsolicited email, advertisement, junk
emails or chain letters or other unsolicited
communication you send, acting culpably,
through the mySouthShields Services,
regardless of the number of recipients of
such email. mySouthShields.co.uk is entitled
to additional compensation of damages beyond
£25. You have the right to prove that
mySouthShields.co.uk’s damages are below
£25;
covering or obscuring the banner
advertisements on your personal profile
page, or any mySouthShields.co.uk page via
HTML/CSS or any other means;
any automated use of the system, such as
using scripts to add friends or send
comments or messages;
interfering with, disrupting, or creating
an undue burden on the mySouthShields
Services or the networks or services
connected to the mySouthShields Services;
attempting to impersonate another Member
or person;
for band profiles, copying the code for
your mySouthShields Player and embedding it
into other profiles or asking other Members
to embed it into their profiles;
using the account, username, or password
of another Member at any time or disclosing
your password to any third party or
permitting any third party to access your
account;
selling or otherwise transferring your
profile;
using any information obtained from the
mySouthShields Services in order to harass,
abuse, or harm another person;
displaying an advertisement on your
profile, or accepting payment or anything of
value from a third person in exchange for
your performing any commercial activity on
or through the mySouthShields Services on
behalf of that person, such as placing
commercial content on your profile, posting
blogs or bulletins with a commercial purpose
using the mySouthShields Services in a
manner inconsistent with any and all
applicable laws and regulations.
Copyright Policy. You may not post,
modify, distribute, or reproduce in any way any
copyrighted material, trademarks, or other
proprietary information belonging to others
without obtaining the prior written consent of
the owner of such proprietary rights. It is the
policy of mySouthShields.co.uk to terminate
Membership privileges of any Member who
repeatedly infringes the copyright rights of
others upon receipt of prompt notification to
mySouthShields.co.uk by the copyright owner or
the copyright owner's legal agent. Without
limiting the foregoing, if you believe that your
work has been copied and posted on the
mySouthShields Services in a way that
constitutes copyright infringement, please
provide our Copyright Agent with the following
information: (i) an electronic or physical
signature of the person authorized to act on
behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that
you claim has been infringed; (iii) a
description of where the material that you claim
is infringing is located on the mySouthShields
Services; (iv) your address, telephone number,
and email address; (v) a written statement by
you that you have a good faith belief that the
disputed use is not authorized by the copyright
owner, its agent, or the law; (vi) a statement
by you, made under penalty of perjury, that the
above information in your notice is accurate and
that you are the copyright owner or authorized
to act on the copyright owner's behalf.
mySouthShields.co.uk's notice of claims of
copyright infringement can be reached as follows
Email
Member Disputes. You are solely
responsible for your interactions with other
mySouthShields.co.uk Members.
mySouthShields.co.uk reserves the right, but has
no obligation, to monitor disputes between you
and other Members.
Privacy. Use of the mySouthShields
Services is also governed by our Privacy Policy,
which is incorporated into this Agreement by
this reference.
Liability Disclaimer.
mySouthShields.co.uk will not be responsible for
any incorrect or inaccurate Content posted on
the mySouthShields Website or in connection with
the mySouthShields Services, whether caused by
Users of the mySouthShields Services or by any
of the equipment or programming associated with
or utilized in the mySouthShields Services.
Profiles created and posted by Members on the
mySouthShields Website may contain links to
other websites. mySouthShields.co.uk is not
responsible for the Content, accuracy or
opinions expressed on such websites, and such
websites are in no way investigated, monitored
or checked for accuracy or completeness by
mySouthShields.co.uk. Inclusion of any linked
website on the mySouthShields Services does not
imply approval or endorsement of the linked
website by mySouthShields.co.uk. When you access
these third-party sites, you do so at your own
risk. mySouthShields.co.uk takes no
responsibility for third party advertisements
which are posted on this mySouthShields Website
or through the mySouthShields Services, nor does
it take any responsibility for the goods or
services provided by its advertisers.
mySouthShields.co.uk is not responsible for the
conduct, whether online or offline, of any User
of the mySouthShields Services.
In addition, mySouthShields.co.uk assumes no
responsibility for any error, omission,
interruption, deletion, defect, delay in
operation or transmission, communications line
failure, theft or destruction or unauthorized
access to, or alteration of, any User or Member
communication. mySouthShields.co.uk is not
responsible for any problems or technical
malfunction of any telephone network or lines,
computer online systems, servers or providers,
computer equipment, software, failure of any
email or players due to technical problems or
traffic congestion on the Internet or on any of
the mySouthShields Services or combination
thereof.
Exclusion of Warranty. The mySouthShields
Services are provided "AS-IS" and as
available. mySouthShields.co.uk does not
warrant of timely, secure, error- and
interruption-free provision of
mySouthShields Services.
mySouthShields.co.uk expressly disclaims any
warranty of fitness for a particular purpose
or non-infringement. mySouthShields.co.uk
cannot guarantee and does not promise any
specific results from use of the
mySouthShields Services. The exclusion of
warranties does not affect your right of
withdrawal.
Some jurisdictions do not allow the
exclusion or limitation of certain types of
of warranty or liability, such as liability
for death or personal injury as a result of
negligence or fraud of mySouthShields.co.uk.
Some of the limitations in clauses 12 and 13
may therefore not apply to you.
Indemnity. You agree to indemnify and
hold mySouthShields.co.uk, its subsidiaries,
and affiliates, and their respective
officers, agents, partners and employees,
harmless from any loss, liability, claim, or
demand, including reasonable attorneys'
fees, made by any third party due to or
arising out of your use of the
mySouthShields Services in violation of this
Agreement and/or arising from a breach of
this Agreement and/or any breach of your
representations and warranties set forth
above and/or if any Content that you post on
the mySouthShields Website or through the
mySouthShields Services causes
mySouthShields.co.uk to be liable to
another, provided that this was caused by
culpable conduct.
Other. This Agreement is accepted
upon your use of the mySouthShields Website
or any of the mySouthShields Services and is
further affirmed by you becoming a Member.
This Agreement constitutes the entire
agreement between you and
mySouthShields.co.uk regarding the use of
the mySouthShields Services. The failure of
mySouthShields.co.uk to exercise or enforce
any right or provision of this Agreement
shall not operate as a waiver of such right
or provision. The section titles in this
Agreement are for convenience only and have
no legal or contractual effect.
mySouthShields.co.uk is a trademark of
Downey Designs. This Agreement operates to
the fullest extent permissible by law. If
any provision of this Agreement is unlawful,
void or unenforceable, that provision is
deemed severable from this Agreement and
does not affect the validity and
enforceability of any remaining provisions.
Please contact us here
with any questions regarding this Agreement.
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