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| 1. Introduction. |
This agreement is a legal document, which sets out your rights and obligations,
and those of Website Charts.com ("Website Charts", "We" or "Us"), in relation
to this site and the services offered by the Website Charts service. You must
take the time to read and understand it, before registering for the Website
Charts service. By registering, you accept that you are entering into a
contract with us on the terms of this agreement. You should be aware that this
agreement may change from time to time in accordance with clause 22 below.
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| 2. Registration. |
You undertake to register for the Website Charts service using accurate and
current information about yourself - including your correct name and any other
requested details. As part of the registration process for the Website
Charts service, you will receive a verification email, the purpose of which is
to take reasonable steps to ensure that the email address you have nominated
during registration is controlled by you. That email contains simple
instructions which you must follow.
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| 3. Privacy Policy. |
Website Charts's Privacy Policy
forms part of this agreement, and by agreeing to this agreement, you also give
your consent to the way we handle your personal data in that policy. Given the
global nature of the World Wide Web, any posting on the Website Charts service
(including any which contain personal information) is, of course, accessible to
internet users around the world.
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| 4. Website Charts's Role. |
You, whether you are a member or just a non-member who visits the Website
Charts service, acknowledge that we are not and cannot be responsible for the
behaviour of members - whether on the Website Charts service or outside of it.
We only provide a venue where the Website Charts service may be accessed.
In particular, you should be aware that Website Charts does not pre-screen or
monitor the material contributed by members.
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| 5. Additional Services. |
Website Charts or its affiliates may offer new or additional services through
the Website Charts service from time to time. Your use of those services may be
subject to additional terms and conditions, or rules of use, which you must
comply with. Provided that those terms or rules are notified to you on the
Website Charts service in an appropriate manner (as determined by Website
Charts in its reasonable discretion), any failure by you to comply with a
material provision of the terms or rules governing those services will amount
to a breach of this agreement.
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| 6. Operation of Website Charts Services. |
Website Charts reserves the right to withdraw or modify one or more aspects of
the Website Charts service, or the entirety of it, where we have legal or
commercial reasons to do so. There may also be times when the Website Charts
service becomes inaccessible as a result of technical difficulties experienced
by Website Charts or on the internet ; we will, however, use reasonable care to
overcome these difficulties where they are within our control. Please note that
there will be no refund of membership fees for modification, withdrawal or
unavailability of the Website Charts service, except as provided in Clause
10(ii) below. For security or other reasons, we may require you to change
password or other information which facilitates access to the Website Charts
service.
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| 7. Misuse of Website Charts. |
We reserve the right:
(a) to suspend or terminate any member's access to the Website Charts Service,
or parts of it, and/or
(b) to edit, or require the member to edit, material posted on the Website
Charts Service, if the relevant member or material appears to us to be in
breach of any provision of this agreement. Any person whose access has been
suspended or terminated must not re-register, for or re-access, the Website
Charts Service without our prior consent. You are responsible for everything
which is done on or through the Website Charts Service while your membership
account is logged on to the Website Charts Service, or through your email
address.
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| 8. Relevance. |
The Website Charts Service is intended to be used by its Members for the
purposes referred to in Clause 2 above. Accordingly, Members must not include
an email address, postal address, phone number, the address of any website, or
any other information which is intended to facilitate direct communication, in
material which is posted on Website Charts, place material on, or otherwise
use, the Website Charts Service for any business or commercial purpose; use
your access to the Website Charts Service, or information gathered from it, for
the sending of unsolicited bulk email (sometimes known as Spam).
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| 9. Fees. |
(i) You acknowledge that we are entitled to alter the amount or the basis of
the calculation of our fees from time to time, provided that such amount or
basis is clearly stated at the time when you agree to take the relevant Website
Charts Service.
(ii) Fees paid by a Full Member will not be rebated or refunded by Website
Charts, except as follows: If, under Clause 8 above, we entirely withdraw an
aspect of the Website Charts Service for which you have subscribed, or the
entirety of the Website Charts Service itself, then you may be entitled to a
rebate of your Full Membership fee for the remainder the twelve month period to
which that fee relates; but no part of the contact fee (as described in Clause
3(1) above) will be rebated to a Full Member under any circumstances if the
Full Member has sent one (or more) emails through the Website Charts Service
during the period to which the Full Membership fee relates, irrespective of
whether the recipient email address is a legitimate address or the recipient
sends any reply. No rebate of any part of the Full Membership fee will be
payable under any circumstances, other than as provided in this Clause 11(ii).
We may add new or ancillary services from time to time which require the
payment of fees - either to us or a nominated third party - on terms which will
be provided to you at the time.
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| 10. Prohibitions. |
You are responsible for ensuring that no material you post, or which is posted
through a machine on which you access the Website Charts Service, nor any
activity or communication you make in connection with any Website Charts
Service, will be capable of:
(a) infringing the intellectual property or other rights of any person or
entity,
(b) breaching any applicable law, whether criminal, tortuous or otherwise or
(c) appearing to be offensive, threatening, obscene, pornographic, false,
unreliable or misleading.
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| 11. Alerting Website Charts. |
If you see anything on the Website Charts Service, which appears to infringe
this agreement, then please contact us to inform us by emailing us
here. We do not generally monitor
material contributed by Members before it is placed on the Website Charts
Service, and so we are reliant upon users to point out any which infringes this
Agreement.
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| 12. Withdrawal of Material and Termination of Membership. |
Each member acknowledges that we are entitled to withdraw any material on the
Website Charts Service, which appears whether based on information received
from Members or others, or our own determination to be capable of breaching any
part of this Agreement, or to bring the Website Charts Service into disrepute.
However each user acknowledges that we do not monitor material which appears on
the Website Charts Service, and that we are reliant upon you and all users to
notify us of anything you see here which appears likely to breach this
Agreement, using the notification techniques which are made available on the
Website Charts Service.
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| 13. Disclaimer and Release. |
Website Charts has no control over or responsibility for the truth or accuracy
of any material available on the Website Charts Service, whether provided by
Members or others. If any third party sites are linked to from the Website
Charts Service, this does not mean that we endorse or have any responsibility
for the site in question or anything which appears on the Website Charts
Service. - You should exercise no lesser degree of caution in appraising what
you see on the Website Charts Service than you do - Even though Members are
prohibited from doing so, people may provide information, or otherwise behave,
in a way that is unreliable, misleading or even illegal. Further, you should
note that people may not necessarily be who they say they are. - Your use of
the Website Charts Service is entirely at your own risk. Accordingly, to the
extent that the law permits, you release Website Charts its directors,
contractors and employees from all liability arising out of or in connection
with the Website Charts Service and the material included here by Members and
other third parties.
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| 14. Intellectual Property. |
You acknowledge that all copyright, trademarks, and other intellectual property
rights in and relating to the Website Charts Service (including any material
which is contributed by its Members) are owned by Website Charts. It is easy to
copy material which appears on websites, but this does not mean it is legal.
Therefore, no one may copy, distribute, show in public or create any derivative
work from the Website Charts Service, or any of the material which is found on
the Website Charts Service unless properly licensed to do so by us. By
submitting any material to the content of the Website Charts Service, you: -
are representing that you are fully entitled to do so; - grant us a
non-exclusive, royalty free, non-terminable license right to copy, modify,
distribute, show in public and create derivative works from that material in
any form, anywhere; - authorise us to adapt the relevant material in the course
of doing so, and so waive your moral rights to object to any derogatory
treatment, or to be identified as the author, of the material in question.
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| 15. Excluded Loss. |
We will not be liable to you or any third party for any indirect or
consequential loss or damage, or for any loss of data, profit, revenue or
business, howsoever caused (whether arising out of any negligence or breach of
this Agreement or otherwise). Website Charts will also not be liable for any
failure to perform of its obligations under this Agreement caused by matters
beyond its reasonable control.
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| 16. Maximum Liability. |
Without limiting the preceding Clause, during any period of twelve months, the
aggregate liability of Website Charts under this Agreement (whether arising in
negligence or otherwise) will not under any circumstances exceed the greater
of:
(a) £1 or
(b) an amount paid by you to us by way of Full Membership fees during the
relevant period of twelve months, regardless of the cause or form of action.
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| 17. Non-Excluded Liabilities. |
Nothing in this agreement limits Website Charts's liability for death or
personal injury resulting in our negligence, or any other liability which may
not by law be excluded. Any statutory rights you may have as a consumer remain
unaffected.
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| 18. Indemnity. |
You agree to indemnify us against all liabilities, claims and expenses that may
arise from any breach of this Agreement by you or through a machine on which
you access the Website Charts service.
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| 19. Assignment. |
We reserve the right to assign this Agreement and to assign or subcontract any
or all of our rights and obligations under this agreement. You may not without
written consent of Website Charts assign or dispose of this agreement.
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| 21. Entire agreement. |
This agreement includes our privacy policy. Together they contain the whole of
the agreement between us and you concerning the Website Charts Service and they
replace all earlier Agreements and understandings with you, except for any
fraud or fraudulent representation by either of us. A person who is not a party
to this Agreement has no rights under the Contracts (Rights of Third Parties)
Act 1999 to rely upon of enforce any term of this Agreement.
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| 22. Changes in this agreement. |
Website Charts reserves the right to change this Agreement from time to time,
and to post the new version on the Website Charts Service. When we do so, we
will notify you of the fact that there are changed terms on the main screen (www.websitecharts.com
) and the new version of these terms and conditions will take effect, and will
govern all Website Charts Services and your relationship with Website Charts.
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| 23. Severability. |
In the event that any term of this Agreement is held to be invalid or
unenforceable by judicial decree or decision, the remainder of this Agreement
shall remain valid and enforceable.
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| 24. Law. |
This agreement shall be governed by and construed in accordance with the laws
of England and Wales.
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| 25. Keeping this Agreement. |
We don't separately file the individual Agreements entered into by members when
they register for the Website Charts service. You can access it at
www.websitecharts.com , please make a durable copy of this Agreement by
printing and/or saving a downloaded copy on your own computer.
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