1.
Statement.
This Agreement is a legal document which sets out
your rights and obligations and also those of Updateyouremail.com, in relation to this site
and the Services offered by Updateyouremail.com.
By registering for the Updateyouremail.com Website,
you agree to the terms of this Agreement, and you
re-affirm the agreement every time you use it. Visitors
to the Updateyouremail.com Website who do not register,
similarly agree that they are bound by this Agreement
each time they access the Updateyouremail.com Website.
You should be aware that this Agreement may change
from time to time.
2 Membership.
People who register for the Updateyouremail.com Website
become "Members".
Surfers using the site without registering (or logging
in after registering) are referred to as 'Guests'.
Once you are logged in you are referred to as a
'Member'.
As well as being able to browse the Updateyouremail.com
Website like any visitor to it, you
may:
- receive notification of messages, which will be sent
to the email address contained in Your Details
(which are provided during Registration and
may be updated subsequently), sent by other Members
- opt to receive emails selected during the
Registration process (as added to, or de-selected,
subsequently).
- send messages to other members
4. Registration.
You undertake to register for the Updateyouremail.com
Website using accurate and current information
about yourself – including your correct name,
email address and any other requested details.
If you are asked for, and
provide, details of a credit, debit or charge
card; in that event, you must ensure that (a)
you are fully entitled to use that card, and (b)
it has available funds sufficient to cover the
charges which are deducted from it.
You also undertake to keep your email address and other details on the site updated to the correct information should any of your information change at any time.
5 Privacy Policy.
Updateyouremail.com’s Privacy Policy
forms part of this Agreement, and by agreeing
to this Agreement, you also give your consent
to the way we may handle your personal data in
that policy. Given the global nature of the World
Wide Web, any posting on the Updateyouremail.com Website
(including any which contain personal information)
is, of course, accessible to internet users around
the world.
6 Updateyouremail.com.
You
acknowledge that we are not and cannot be responsible
for the behaviour of Members - whether on the
Updateyouremail.com Website or outside of it. We only
provide a venue where the Updateyouremail.com Website
may be accessed. In particular, you should be
aware that Updateyouremail.com does not pre-screen
or monitor the material contributed by Members.
7 Additional Websites.
Updateyouremail.com or its affiliates may offer new
or additional Websites through the Updateyouremail.com
Website from time to time. Your use of those Websites
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 Updateyouremail.com Website in an appropriate
manner (as determined by Updateyouremail.com in its
reasonable discretion), any failure by you to
comply with a material provision of the terms
or rules governing those Websites will amount
to a breach of this Agreement.
8 Operation of Updateyouremail.com
Websites.
Updateyouremail.com reserves the right to withdraw
or modify one or more aspects of the Updateyouremail.com
Website where we have legal or technical reasons
to do so (including technical difficulties experienced
by Updateyouremail.com or on the Internet) or for any other reason. This includes the forum where we may modify or remove posts made where we have a legal, technical or moral reason to do so or for any other reason as we see fit.
There
may also be times when the Updateyouremail.com Website
becomes unavailable, whether on a scheduled or
unscheduled basis. For security or other reasons,
we may require you to change password or other
information which facilitates access to the Updateyouremail.com Website.
9 Misuse of Updateyouremail.com Website.
Updateyouremail.com's misuse policy
forms part of this agreement. We reserve the right
(a) to suspend or terminate any Member’s access
to the Updateyouremail.com Website, or parts of it,
and/or (b) to edit, or require the Member to edit,
material posted on the Updateyouremail.com Website,
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 Updateyouremail.com Website without our prior
consent. You are responsible for everything which
is done on or through the Updateyouremail.com Website
while your Membership account is logged on to
the Updateyouremail.com Website, or through your email
address(es).
10 Relevance.
The Updateyouremail.com Website 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 the Updateyouremail.com Website –
and the recipients of their emails, can share
this information, should they wish, once direct
contact has been made;
- place material on, or otherwise use, the
Updateyouremail.com Website for any business or
commercial purpose; or
- use your access to the Updateyouremail.com Website,
or information gathered from it, for the sending
of unsolicited bulk email (sometimes known as
spam).
11 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 Updateyouremail.com Website.
(ii) Fees paid by a Full Member will not be
rebated or refunded by Updateyouremail.com, unless
the Updateyouremail.com Website for which the Full
Member has subscribed is completely withdrawn
from that Full Member (and no full member services have been used) by us other than in circumstances
permitted under this Agreement.
We may add new or ancillary Websites 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.
Fees may be annually renewable and in which case we will take payment automatically. There will be an option to not have payment taken automatically in every site profile.
12 Prohibitions.
You are responsible for ensuring that no material
you post, or which is posted through a machine
on which you access the Updateyouremail.com Website,
nor any activity or communication you make in
connection with any Updateyouremail.com Website, will
be capable of (a) infringing the intellectual
property or other rights of any person or entity,
(b) breaching any applicable law, whether criminal,
tortious or otherwise, or (c) appearing to be
offensive, threatening, obscene, pornographic,
false, unreliable or misleading.
13 Alerting Us.
If you see anything on the Updateyouremail.com Website
which appears to infringe this Agreement, then
please contact us to inform us of it. We do not
generally monitor material contributed by Members
before it is placed on the Updateyouremail.com Website,
and so we are reliant upon users to point out
any which infringes this Agreement.
In addition if you see anything on the Updateyouremail.com website or any associated sites that
you believe to be incorrect either posted by a
member or written by us, we will endeavour to
correct once we are informed of it's presence.
14 Withdrawal of material and Termination
of Membership.
Each Member acknowledges that we are entitled
to withdraw any material on the Updateyouremail.com
Website 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 Updateyouremail.com Website into disrepute.
However, each user acknowledges that we do not
monitor material which appears on the Updateyouremail.com
Website, 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 Updateyouremail.com Website.
15 Disclaimer and Release.
Updateyouremail.com has no control over or responsibility
for the truth or accuracy of any material available
on the Updateyouremail.com Website, whether provided
by Members or others.
If any third party sites are linked to/from the
Updateyouremail.com Website, this does not mean that
we endorse or have any responsibility for the
site in question or anything which appears on
it.
- You should exercise no lesser degree of caution
in appraising what you see on the Updateyouremail.com
Website than you do offline.
- 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 Updateyouremail.com Website is
entirely at your own risk.
Accordingly, to the extent that the law permits,
you release Updateyouremail.com its directors, contractors
and employees from all liability arising out of
or in connection with the Updateyouremail.com Website
and the material included here by Members and
other third parties.
16 Intellectual Property.
You acknowledge that all copyright, trade marks,
and other intellectual property rights in and
relating to the Updateyouremail.com Website (including
the material which is contributed by Members)
are owned by Updateyouremail.com. It is easy to
copy material which appears on web-sites, but
this does not mean it is legal. Therefore, no-one
may copy, distribute, show in public or create
any derivative work from the Updateyouremail.com Website,
or any of the material which is found on the Updateyouremail.com Website unless properly licensed to do
so by us.
By submitting any material to the content to
the Updateyouremail.com Website, you:
- are representing that you are fully entitled
to do so;
- grant us a non-exclusive, royalty-free, non-terminable
licence right to copy, modify, distribute, show
in public and create derivative works from that
material in any form, anywhere; and
- 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.
17 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). Updateyouremail.com will also not be liable for any failure
to perform of its obligations under this Agreement
caused by matters beyond its reasonable control.
18 Maximum liability.
Without limiting the preceding Clause, during
any period of twelve months, the aggregate liability
of Updateyouremail.com under this Agreement (whether
arising in negligence or otherwise) will not under
any circumstances exceed the greater of (a) £5+VAT,
or (b) an amount equal to the sums 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 if said fees exist.
19 Non-excluded Liabilities.
Nothing in this Agreement limits Updateyouremail.com's
liability for death or personal injury resulting
from our negligence, or any other liability which
may not by law be excluded. Any statutory rights
you may have as a consumer remain unaffected.
20 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 Updateyouremail.com Website.
21 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 the written consent of Updateyouremail.com assign or dispose of this Agreement.
22 Entire Agreement.
This Agreement includes our privacy
policy. Together they contain the whole of
the agreement between us and you concerning the
Updateyouremail.com Website 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 right under the Contracts (Rights
of Third Parties) Act 1999 to rely upon or enforce
any term of this Agreement.
23 Changes to this Agreement.
Updateyouremail.com reserves the right to change
this Agreement from time to time, and post the
new version on the Updateyouremail.com Website. The
new version of these terms and conditions will
take effect, and will govern all Updateyouremail.com
Websites and your relationship with Updateyouremail.com:
- commencing four weeks after the date of posting
(or such later date as Updateyouremail.com indicates
in the relevant posting), if any of the changes
is to an operative provision of this Agreement
which is capable of adversely affecting you;
if you do not wish to be governed by the new
version of the Agreement, you may notify us
on or before the date when the new version of
the Agreement is to take effect, and from that
date you must cease to use the Updateyouremail.com
Website; or
- immediately upon the date of posting (or such
later date as Updateyouremail.com indicates in the
relevant posting), if the changes are not to
operative provisions, or not capable of adversely
affecting you - examples of which would include,
without limitation, changes to one or more of
Updateyouremail.com’s addresses or email addresses
referred to in this Agreement.
24 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.
25 Law.
This Agreement shall be governed by and construed
in accordance with the laws of England and Wales.
26 Contact.
You can contact us by post at Unit 2 Marsh Farm, Marsh Rd, Hilperton Trowbridge, Wiltshire, BA14 7PJ or via email at justin.turner@forcesreunited.org.uk.
27 Unregulated Link Advertising.
Updateyouremail.com works incredibly hard to ensure
that the information contained upon our web pages
is accurate, relevant and of the high quality
that our visitors have come to expect.
We are aware of software that exists which will
create external links from our content to what they
consider to be related material, which other companies
have paid to have shown. These links are in the
form of either bright green or bright yellow links
and some maybe in the form of highlights. We are
not responsible for the quality of this software
or the nature of the material that it links to.
Please e-mail justin.turner@forcesreunited.org.uk in case
of being directed to objectional material.
We emphasise that we are strictly against this form
of unmoderated an unregaulated link advertising
and strictly prohibit its use within our site content.
We will pursue any infingement of this notice under
the maximum extent of UK law.
If you find you have any of this software on your
machine and would like to remove it we recommend
visiting http://www.lavasoft.de For further information,
please email justin.turner@forcesreunited.org.uk
