WEBSITE USER AGREEMENT
This Internet Web Site Use Agreement (the “Agreement”) is between you and Retrieve. Using Retrieve signifies your agreement to the terms and conditions of use set forth below in the Agreement:
You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OUR WEBSITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use any of “Our Websites”.
3. Modification of Agreement
Our Websites are protected by copyright as a collective work and/or compilation, pursuant to U.K. copyright laws, international conventions, and other copyright laws. The contents of Our Websites, including, without limitations, text, comments, messages, video, graphics, interactive features, and all other materials contained thereon (“Content”), are provided AS-IS, only for your information and personal, non-commercial use. All Content contained on Our Websites are protected by copyright and are owned or controlled by Us or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on Our Websites. You may download and make one (1) copy of the Content and other downloadable items displayed on Our Websites for personal, non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, non-commercial use is expressly prohibited, and Content may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever, without the prior written permission from Us or the copyright holder identified in the individual Content’s copyright notice.
In order to register as a user (“User” or “Users”) with Us, you must be at least sixteen (16) years old. Your eligibility to register is automatically void where prohibited by law. You affirm that all information you provide in registering with Us is true and complete. Commercial businesses may not register with the Our Websites unless they are pre-approved by Us. Your registration will take effect upon acceptance of your registration form by Us. Other terms and conditions may apply to your registration as posted from time-to-time on Our Websites. You may terminate your registration at any time, for any reason by following the instructions on the Manage Your Account page on Our Websites. We reserve the right to reject and to terminate your registration and use of Our Websites at any time, for any reason without notice to you. We also reserve the right to provide notices and alerts to users from time to time about the use of Our Websites and information on feature updates and changes.
6. Rights To User Submitted Content / “Communications”
By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to Our Websites, you hereby grant Us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, incorporate into any works, and otherwise exploit such Communications, in all media now known or hereafter developed (including but not limited to photos, videos, audio files, text and other materials). You hereby waive all rights to any claim against Us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You acknowledge and agree that transmission to and from Our Websites are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Us, no confidential, fiduciary, contractually implied or other relationship is created between you and Us other than pursuant to this Agreement. You acknowledge and agree that (i) We have no obligation to use or respond to any Communications; (ii) We do not and shall not have any obligation to preview or review any Communications; (iii) We do not assure the accuracy or quality of Communications or that harmful offensive, unlawful or otherwise objectionable Communications will not appear on Our Websites; (iv) We may monitor any or all Communications in its sole discretion; (v) We may remove any Communications, in whole or in part, from the Our Websites; and (vi) We may exclude any person from further use of Our Websites.
The responsibility for Communications is that of the persons transmitting same to Our Websites. We disclaim any responsibility for any inappropriate statements or material or any incorrect information contained in any Communications.
You represent and warrant that: (a) you have all rights in and to your Communications (whether through ownership or licenses, consents, and permissions from the owner) required for (i) you to lawfully submit your Communications to Our Websites and grant the rights to your Communications provided in this Agreement, and (ii) your Communications to be posted and transmitted to and through Our Websites, for the purposes authorised under this Agreement; (b) you have all required licenses, consents, releases and/or permissions to use the name and/or likeness of each identifiable individual person in your Communications in the manner authorised under this Agreement, and (c) the posting and transmission of your Communications on and Through Our Websites for the purposes authorised under this Agreement do not violate the privacy rights, publicity rights, copyrights, patents, trademarks, contract rights or any other rights of any person or entity, or violate any law, rule, regulation or order.
7. Use of Website; Non-Commercial Use
Our Websites are meant for personal use only and may not be used in connection with any commercial activities or endeavours or the sale of any services or products without our express prior written approval, which may be withheld for any reason.
You agree not to: (a) initiate or operate any sweepstakes, contests, gambling, advertising, barter or pyramid schemes on or through Our Websites; (b) solicit personally identifying information for commercial or unlawful purposes from other Users; (c) transmit any form of chain letters, spam or junk email to other Users; (d) use any information obtained from or through Our Websites (i) to abuse, harass, or harm another person, (ii) for any illegal activity, or (iii) without our prior written approval, to advertise to, contact for commercial purposes, solicit, or sell to any other User; (e) use Our Websites for, or conduct on or through Our Websites, any illegal and/or unauthorised activities; or (f) establish any unauthorised framing of or linking to Our Websites.
We reserve the right to restrict the number of emails that a User may send to other Users in any twenty-four (24) hour period to a number that We deem appropriate at Our sole discretion. If you send unsolicited bulk email, spam, instant messages or other unsolicited communications of any kind through Our Website you acknowledge that you will have caused substantial harm to Us that will be difficult, if not impossible, to ascertain, entitling Us to seek an injunction from a court of competent jurisdiction, prohibiting any such improper or unauthorised acts, in addition to such other rights and remedies as may be available to Us.
While We assume no responsibility for monitoring Our Websites, We will, when it deems it appropriate, investigate activity in connection with Our Websites that We believe may be illegal, unauthorised or a breach of the terms of this Agreement. If deemed appropriate by Us, We will initiate appropriate legal action with respect to such activities, including without limitation, criminal, civil and injunctive redress. We reserve the right to restrict your activity on, and/or block your access to Our Websites at any time for any reason without notice to you.
8. Disputes Between Users
The resolution of disputes that may arise between Users is the sole responsibility of the Users, and We have no liability or obligation with respect to any such disputes.
“Natasha Wyer” and their respective logo’s are registered trademarks and/or service marks of Natasha Wyer. All other trademarks, service marks and logos used on Our Websites are owned by Us or used with permission of their respective owners.
10. Changes to Our Websites
We may change, suspend or discontinue any aspect of Our Websites at any time, including the availability of any of Our Website features, databases, or Content. We may also impose limits on certain features and services or restrict your access to parts or all of Our Websites without notice or liability.
You represent, warrant and covenant that: (a) you will not upload, post, submit or transmit to or distribute or otherwise publish through Our Websites any materials which (i) restrict or inhibit any other User from using and enjoying Our Websites, (ii) are unlawful, threatening, abusive, libelous, defamatory, insulting, obscene, vulgar, offensive, hateful, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other codes, files or programs that are designed to disrupt, eradicate or limit the functions or operations of any computer software or hardware, or other electronic equipment, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) you are at least sixteen (16) years old or have the consent of your parent or guardian.
12. Copyright Infringement Complaints
If you are a copyright owner or an agent thereof and believe any Communications or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
(a) A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(d) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications of claimed infringement to be sent to Us at [email protected] or by post to Retrieve, 25 Temple Garth, Leeds, LS11 9BZ.
You hereby agree to indemnify, defend and hold Us, our subsidiaries and affiliates, and their respective officers, directors, agents, employees, information providers, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all claims, actions, damages, liabilities and costs (including, without limitation, legal fees and court costs) incurred by the Indemnified Parties in connection with or arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not, in any event, settle any matter without Our written consent.
14. Web Links
Our Websites contains links and pointers to the other related World Wide Web Internet sites and resources. Links to and from Our Websites to other third party sites, maintained by third parties, do not constitute an endorsement by Us or any of our subsidiaries or affiliates of any third party resources, or their contents. We disclaim any and all responsibility for the content contained in any third-party materials provided through links from the Our Websites.
15. Disclaimer of Warranties
OUR WEBSITES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE OUR WEBSITES, ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AROMA OF JESUS MINISTRIES AND OUR SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON OUR WEBSITES OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH OUR WEBSITES, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH OUR WEBSITES OR ANY LINKED SITE. FURTHER, RETRIEVE AND OUR SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OUR WEBSITES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITES OR THE SERVER THAT MAKES THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RETRIEVE AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF OUR WEBSITES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
16. Limitation of Liability.
RETRIEVE, OUR AFFILIATES AND SUBSIDIARIES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO OUR WEBSITES, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN OUR WEBSITES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR WEBSITES AND/OR SITE-RELATED SERVICES IS TO STOP USING OUR WEBSITES AND/OR THOSE SERVICES.
17. Choice of Law; Jurisdiction
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED KINGDOM, WITHOUT REGARD TO CONFLICTS OF LAWS OR CHOICE OF LAW PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE COURT LOCATED IN THE UNITED KINGDOM.
This Agreement constitutes the entire agreement between Us and you with respect to your use of Our Websites. Any cause of action you may have with respect to your use of Our Websites must be commenced within one (1) year after the claim or cause of action arises, or else it is irrevocably waived. Paragraph headings are for reference only and do not in any way define or limit the scope or meaning of such paragraphs. If We fail to take action concerning any breach by you of this Agreement, you agree that any such failure to act does not waive Our right to take action concerning any subsequent or similar breach. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
- NATASHA WYER