Any person under the age of 18 years may not join Millipod.
We are: Millipod Networks, a trade name of Griselda Mussett Our address is: 92, Abbey Street, Faversham, Kent, ME13 7BH To contact us via email: click here You are: a user of our services.
The terms and conditions
1 Definitions
"Content" means the information, photographs, graphics, and other material on the Web Site.
�Member� means a subscriber to Millipod.
"Post"
means display, exhibit, publish, distribute, transmit and/or disclose
information, details and/or other material on the Web Site, and the
phrases "Posted" and "Posting" shall be interpreted accordingly;
"Services" means all or any service provided by us through the Web Site.
�Third Party Information�
means information which has been provided by a Member or other third
party and which is made available to you by us, either via our Website
or by any other medium.
�Web Site� means our web sites, and includes all web pages controlled by us.
�User� means any person other than you who uses the Services or visits the Web Site for any purpose.
�we�, �us�,
etc means us. Where the context permits it also includes any business
company or individual who shares an interest in the sale of any goods
or service promoted on the Web Site. Without limitation, it includes
any subsidiary or associated company of ours, together with any
licensor, affiliate, or network partner.
"you� �yours� etc, means you, the party to this agreement.
2 Our contract
2.1 These terms and conditions regulate the business relationship between you and us. By joining, you agree to be bound by them.
2.2
We may change these terms from time to time. The terms that apply to
you are those posted here on our web site on the day you join.
2.3
You join for one year at a time. If your membership continues over one
year, then the applicable conditions will be those posted at the date
of your membership renewal.
2.4 We will do our reasonable best to: 2.4.1 maintain the Website; 2.4.2 maintain access to the Website; 2.4.3 arrange networking and training events; 2.4.4 maintain other services as we shall advise from time to time.
3 Price and Payment
3.1
The price charged for any service may differ from one country to
another. you may not be entitled to the lowest price unless you reside
in the qualifying country.
3.2 Prices are inclusive of any applicable value added tax or other sales tax.
3.3 The Price is not refundable.
3.4
Banking charges by the receiving bank on payments to us will be borne
by us. All other charges relating to payment in a currency other than
pounds Sterling will be borne by you.
3.5 Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
3.6 You will pay all sums due to us under this Agreement by the means specified without any set-off, deduction or counterclaim.
3.7
All monies paid by you to us are non-refundable and cancellation and/or
termination of this Agreement by you or us at any time for any reason
will not entitle you to a refund of monies paid.
3.8 We may retain any fee or commission we arrange with any Member and we have no obligation to tell you about any such arrangement.
4 Acceptable use Policy
You agree to comply with these provisions:
4.1 You will not use or allow anyone else to use the Web Site to post or otherwise publish: 4.1.1 copyright works; 4.1.2 commercial audio, video or music files; 4.1.3 any material which violates the law of any established jurisdiction; 4.1.4 unlicensed software; 4.1.5 software which assists in or promotes: emulators, phreaking, hacking, password cracking, IP spoofing; 4.1.6 links to any of the material specified in this paragraph; 4.1.7 pornographic material; 4.1.8 any material promoting discrimination or animosity to any person on grounds of gender, race or colour.
4.2 You will not use the Services for spamming. Spamming includes, but is not limited to: 4.2.1 The bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients; 4.2.2 The sending of junk mail; 4.2.3
The use of distribution lists that include people who have not given
specific permission to be included in such distribution process; 4.2.4 Excessive and repeated posting off-topic messages to newsgroups; 4.2.5 Excessive and repeated cross-posting; 4.2.6
Email harassment of another Internet user, including but not limited
to, transmitting any threatening, libellous or obscene material, or
material of any nature which could be deemed to be offensive; 4.2.7 The emailing of age inappropriate communications or content to anyone under the age of 18.
4.3
You will not use the Services in a manner which violates any city,
local, state, national or international law or regulation, or which
fails to comply with accepted Internet protocol. you will not attempt
to interfere in any way with our networks or network security, or
attempt to use the Services to gain unauthorized access to any other
computer system.
4.4 You will
immediately notify us of any security breach in or unauthorised use of
your account. you will not interfere in any way with another User�s use
of the Services. You will not resell, rent, lease, grant a security
interest in, or make commercial use of the Services without our express
written consent.
4.5 You agree not
to assign, transfer, or authorise any other person to use, your
membership. If you try to do so, we have the right to terminate your
membership.
5 Information you give us
You
agree that you have provided, and will continue to provide accurate, up
to date, and complete information about yourself and the services you
provide. In particular, you agree to tell us if you cease to provide
any or all services.
6 Content and Intellectual Property Rights
6.1
Title, ownership rights, and intellectual property rights in the
Content whether provided by us or by any other content provider shall
remain the sole property of us and / or the other content provider. We
will strongly protect our rights in all countries.
6.2
You may not copy, modify, publish, transmit, transfer or sell,
reproduce, create derivative works from, distribute, perform, display,
or in any way exploit any of the Content, in whole or in part, except
as is expressly permitted in this agreement.
6.3
You may post into the Services any Content owned by you. You accept all
risk and responsibility for determining whether any Content is in the
public domain. You grant to us the right to edit, copy, publish,
distribute, translate and otherwise use in any medium and for any
purpose any Content that you place on the Service. You represent and
warrant that you are authorized to grant all such rights.
6.4
You may download or copy the Content only for your own personal use,
provided that you maintain all copyright and other notices contained in
such Content. You may not store electronically any significant portion
of any Content.
6.5 You represent
that any User name or email address selected by you, when used alone or
combined with a second or third level domain name, does not interfere
with the rights of any third party and has not been selected for any
unlawful purpose. You acknowledge and agree that if such selection does
interfere with the rights of any third party or is being selected for
any unlawful purpose, we may immediately suspend the use of such name
or email address, and you will indemnify us for any claim or demand
that arises out of your selection. You acknowledge and agree that we
shall not be liable to you in the event that we are ordered or required
by a court or judicial authority, to desist from using or permitting
the use of a particular domain name as part of a name or email address.
If as a result of such action, you lose an email address, your sole
remedy shall be the receipt of a replacement.
7 Indemnity
You
agree to indemnify us against any claim or demand, including reasonable
lawyers� fees, made by any third party due to or arising out of your
use of the Services, the breach or violation of this Agreement by you,
or the infringement by you, or by any other User of the Services using
your computer, of any intellectual property or other right of any
person or entity, or as a result of any threatening, libellous,
obscene, harassing or offensive material contained in any of your
communications.
8 Interruption to the Service
8.1 If it is necessary for us to interrupt the Services then we may do so without telling you first.
8.2 You acknowledge that the Services may also be interrupted for reasons beyond our control.
8.3
You agree that we are not liable to you for any loss whether
foreseeable or not, arising as a result of interruption to the Services.
9 Our liability
9.1 Your use of the Services is without any warranty or guarantee.
9.2
Where we provide a service without specific charge, then it is deemed
to be provided free of charge, and not to be associated with any other
service for which a charge is made. Accordingly, there is no
contractual nor other obligation upon us in respect of any such service.
9.3
We or our content suppliers may make improvements or changes to the Web
Site, the content, or to any of the products and services described on
the Web Site, at any time and without notice to you.
9.4 You are advised that content may include technical inaccuracies or typographical errors.
9.5 We give no warranty and make no representation, express or implied, as to: 9.5.1 the truth of any Third Party Information. 9.5.2 the capacity of any Member to provide the goods or services offered by them; 9.5.3 any aspect whatever of goods or services offered by any Member or any subsequent contract you make with them; 9.5.4 non-infringement of any right.
9.6
Much of the material provided on the Web Site is Posted (and thereby
published) by Users. We are under no obligation to monitor, vet, check
or approve any such material. We disclaim all responsibility for
information published on the Web Site by any person.
9.7
The Web Site contains links to other Internet web sites. We have
neither power nor control over any such web site. You acknowledge and
agree that we shall not be liable in any way for the content of any
such linked web site, nor for any loss or damage arising from your use
of any such web site.
9.8 In no
event shall we or our content suppliers be liable for any special,
indirect or consequential damages or any damages whatsoever resulting
from loss of use, loss of data or loss of revenues or profits, whether
in an action of contract, negligence or otherwise, arising out of or in
connection with the use of the Web Site or the content available from
this Web Site.
9.9 These disclaimers
form an essential part of this agreement. Each sub paragraph in this
agreement is independent and severable from each other paragraph and
enforceable accordingly. If any restriction is unenforceable for any
reason but would be enforceable if part of the wording were deleted, it
will apply with such minimal deletions as may be necessary to make it
valid and enforceable.
10 Termination
10.1
You may terminate this Agreement at any time, for any reason, with
immediate effect. You may terminate the agreement either by sending
notice to us by post or email, or by completing the form on the Web
Site and submitting it. We reserve the right to check the validity of
any request to terminate membership
10.2
We may terminate this Agreement at any time, for any reason, with
immediate effect by sending you notice to that effect by post or email.
We need give no reason for our decision.
10.3 If you terminate, we shall be under no liability to you whatsoever, and you hereby release us from any such liability.
10.4 Termination by either party shall have the following effects: 10.4.1 your right to use the Services immediately ceases; 10.4.2 we are under no obligation to forward any unread or unsent messages to you or any third party;
10.5 There shall be no reimbursement or credit if the Service is terminated due to your violation of the terms of this agreement.
10.6
We reserves the right to terminate your email address in the event that
our right to use certain domain names or email addresses terminate or
expire.
10.7 We retains the right,
at our sole discretion, to terminate any and all parts of the Services
provided to you, without refunding to you any fees paid if we decide in
our absolute discretion that you have failed to comply with any of the
terms of this agreement.
10.8 We
reserve the right to refuse to accept any advertisement you propose to
place either on our Website or in any communication we may send to
Members.
11 Severability
If
any of these terms is at any time held by any jurisdiction to be void,
invalid or unenforceable, then it shall be treated as changed or
reduced, only to the extent minimally necessary to bring it within the
laws of that jurisdiction and to prevent it from being void and it
shall be binding in that changed or reduced form. Subject to that, each
provision shall be interpreted as severable and shall not in any way
affect any other of these terms.
12 Action Limit
You
and we agree that any cause of action arising out of or related to the
Services must commence within one year after the cause of action arose;
otherwise, such cause of action is permanently barred.
13 Force majeure
13.1
Neither party shall be liable for any breach of its obligations
resulting from causes beyond its reasonable control including strikes
of its own employees.
13.2 Each of
the parties agrees to give notice immediately to the other upon
becoming aware of an event of force majeure such notice to contain
details of the circumstances giving rise to it.
13.3
If a default due to force majeure shall continue for more than [nn]
weeks then the party not in default shall be entitled to terminate this
agreement. Neither party shall have any liability to the other in
respect of the termination of this agreement as a result of force
majeure.
14 No Waiver
No
waiver by us, in exercising any right shall operate as a waiver of any
other right or of that same right at a future time; nor shall any delay
in exercise of any power or right be interpreted as a waiver.
15 Dispute Resolution
In
the event of a dispute arising out of or in connection with these terms
or any contract between you and us, then you agree to attempt to settle
the dispute by engaging in good faith with us in a process of mediation
before commencing arbitration or litigation.
16 Governing Law
This Agreement shall be governed by and construed in accordance with the law of England. |