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ConquestionConquestion Terms and Conditions |
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1. IntroductionThis Agreement is a legal document which sets out your rights and obligations, and those of Formsoft Limited, a company registered in England under registration no. 02859924 ("Conquestion", "we" or "us"), in relation to this site and the services offered by Conquestion through it (the "Conquestion Service"). By registering for the Conquestion Service, you agree to the terms of this Agreement, and you re-affirm that agreement every time you use it. Visitors to the Conquestion Service who do not register to become a Member (see 2 below) similarly affirm that they are bound by this Agreement each time they access the Conquestion Service. You should be aware that this Agreement may change from time to time in accordance with Clause 23 below.2. Types of membershipPeople who register for the Conquestion beme "Members". They must be at least 18 years of age. The Membership divides between those who decide to pay our fee for a full annual membership (which we call "Full Members"), and those who do not ("Standard Members").3. Important Note: Full Membership.If you decide to become a Full Member, and therefore pay our Full Membership fee, you are agreeing to take the Full Membership we make available to you shortly after that fee is paid. You will not be entitled to any refund of that fee. Your Full Membership will last for twelve months. If you wish to continue with Full Membership after the expiry of that twelve month period, we will enable you to do so, at our then-current terms and prices. But please note that we reserve the right to change the amount of the fee for Full Membership, the period which it covers, the services which it enables you to obtain and other factors from time to time. However, these changes, unless they are changes under Clause 8 or Clause 9 below, will not affect your then-current Full Membership.4. RegistrationYou undertake to register for the Conquestion Service using accurate and current information about yourself including your correct name, 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.5. Privacy policyConquestion'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 the Conquestion Service is, of course, accessible to internet users around the world.6. Conquestion’s RoleYou, whether you are a Member or just a non-Member who visits the Conquestion Service, acknowledge that we are not and cannot be responsible for the behaviour of Members - whether on the Conquestion Service or outside of it. We only provide a venue where the Conquestion Service may be accessed. In particular, you should be aware that Conquestion does not pre-screen or monitor the questions contributed by Members.7. Additional servicesConquestion or its affiliates may offer new or additional services through the Conquestion 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 Conquestion Service in an appropriate manner (as determined by Conquestion 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.8. Operation of Conquestion ServicesConquestion reserves the right to withdraw or modify one or more aspects of the Conquestion Service where we have legal or technical reasons to do so (including technical difficulties experienced by Conquestion or on the Internet). There may also be times when the Conquestion Service 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 Conquestion Service.9. Misuse of Conquestion ServiceWe reserve the right (a) to suspend or terminate any Member’s access to the Conquestion Service, or parts of it, and/or (b) to edit, or require the Member to edit, material contributed on the Conquestion 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 Conquestion Service without our prior consent. You are responsible for everything which is done on or through the Conquestion Service while your Membership account is logged on to the Conquestion Service, or through your email address(es).10. CopyrightMemebers submitting material to Conquestion certify when they submit the material that the content is in their own words and has not been taken from any copyright source(s).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 Conquestion Service.(ii) Fees paid by a Full Member will not be rebated or refunded by Conquestion, unless the Conquestion Service for which the Full Member has subscribed is completely withdrawn from that Full Member by us other than in circumstances permitted under this Agreement. 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. 12. ProhibitionsYou are responsible for ensuring that no material you post, or which is posted through a machine on which you access the Conquestion Service, nor any activity or communication you make in connection with any Conquestion 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, tortious or otherwise, or (c) appearing to be offensive, threatening, obscene, pornographic, false, unreliable or misleading.13. Alerting ConquestionIf you see anything on the Conquestion Service which appears to infringe this Agreement, then please contact us to inform us of it by by emailing us at abuse@conquestion.com. We do not generally monitor material contributed by Members before it is placed on the Conquestion Service, and so we are reliant upon users to point out any which infringes this Agreement.14. Withdrawal of material and Termination of MembershipEach Member acknowledges that we are entitled to withdraw any material on the Conquestion 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 Conquestion Service into disrepute. However, each user acknowledges that we do not monitor material which appears on the Conquestion 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 Conquestion Service.15. Disclaimer and ReleaseConquestion has no control over or responsibility for the truth or accuracy of any material available on the Conquestion Service, whether provided by Members or others.
16. Intellectual PropertyYou acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the Conquestion Service (including the material which is contributed by Members) are owned by Conquestion. 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 Conquestion Service, or any of the material which is found on the Conquestion Service unless properly licensed to do so by us.By submitting any material to the content to the Conquestion Service, you:
17. Excluded lossWe 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). Conquestion 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 liabilityWithout limiting the preceding Clause, during any period of twelve months, the aggregate liability of FriendsReunited under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of (a) £5, 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.19. Non-excluded LiabilitiesNothing in this Agreement limits FriendsReunited'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. IndemnityYou 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 Conquestion Service.21. AssignmentWe 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 Conquestion assign or dispose of this Agreement.22. Entire AgreementThis Agreement includes our privacy policy. Together they contain the whole of the agreement between us and you concerning the Conquestion 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 right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.23. Changes to this AgreementConquestion reserves the right to change this Agreement from time to time, and post the new version on the Conquestion Service. When we do so, we will notify you of the fact that there are changed terms on the main screen www.conquestion.com and the new version of these terms and conditions will take effect, and will govern all Conquestion Services and your relationship with Conquestion:
24. SeverabilityIn 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. LawThis 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 11 Regent Street, Fleet, Hampshire, GU51 3NR England. |
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