Terms and Conditions
These are terms and conditions which you agree to be bound by when visiting or using Our Blog. Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Blog immediately.
We are JC Holdings 123 Limited, a company registered in the United Kingdom, Company Number 10686544. Our address is Capel Farm House, Satmar Lane, Capel-Le-Ferne, Folkestone Kent CT18 7JG.
You are anyone who uses or visits Our Blog.
These are the agreed terms:
|“Content”||means the textual, visual or aural content that is encountered as part of your experience on Our Blog. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.|
|“Directory”||means the directory of blog entries or posts.|
|"Intellectual Property"||means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trademarks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.|
|“Our Blog”||means any Blog or service designed for electronic access by mobile or fixed devices which is owned or operated by us, Craig Lambie, Jun Lam or any group of companies owned or controlled by us. It includes all web pages controlled by us.|
|"Post"||means an entry, place on or into Our Blog any Content or material of any sort by any means.|
|“Services”||means all or any of the services available from Our Blog.|
1. Your account and personal information
- When you visit Our Blog, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
- You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
- You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
2. Inclusion in the Directory
- We may place data in the Directory, or edit or remove any entry.
- Data placed by us could be obtained from open sources on the Internet or elsewhere, and from our personal experiences.
- We may edit our entries at any time.
- We may preserve or disclose data placed in the Directory by any person:
- to comply with the law, including any judicial order;
- to respond to any claim by a third party;
- to protect the rights of any person;
- to disseminate information in the normal course of use of the Directory.
3. How we handle your data
- If you Post Content to any public area of Our Blog it becomes available in the public domain. We have no control who sees it or what anyone does with it.
- Even if access to your data is behind a user registration, it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid posting unnecessary confidential information.
- We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant to us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Blog, in public domain and in any medium. You represent and warrant that you are authorised to grant all such rights.
- We will use that licence only for commercial purposes of the business of Our Blog and will stop using it after a commercially reasonable period of time.
- You understand that you are personally responsible for your breach of intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
- You accept all risk and responsibility for determining whether any Posting is in the public domain and not confidential.
- Please notify us of any security breach or unauthorised use of your account.
- We do not solicit ideas or text for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted to us a licence to use it in the terms set out at above.
4. Restrictions on what you may Post to Our Blog
We invite you to Post Content to Our Blog in several ways and for different purposes. We have to regulate your use of Our Blog to protect our business and our staff, to protect other users of Our Blog and to comply with the law. These provisions apply to all users of Our Blog.
We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.
You agree that you will not use or allow anyone else to use Our Blog to Post, upload Content or undertake any activity which is or may:
- be unlawful, or tend to incite another person to commit a crime;
- consist in commercial audio, video or music files;
- be obscene, offensive, threatening, violent, malicious or defamatory;
- be sexually explicit or pornographic;
- be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
- give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
- post Content on behalf of some other person, or impersonate another person;
- use a Posting to solicit responses unconnected with the purpose of Our Blog or the terms proposed by this agreement;
- request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
- be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
- link to any of the material specified in this paragraph;
- post excessive or repeated off-topic messages to any forum or group;
- send age-inappropriate communications or Content to anyone under the age of 20.
5. Your Posting: restricted Content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
- hyperlinks, other than those specifically authorised by us;
- keywords or words repeated, which are irrelevant to the Content Posted.
- the name, logo or trademark of any organisation other than yours.
- inaccurate, false, or misleading information;
6. Removal of offensive Content
- For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Blog for any purpose.
- We are under no obligation to monitor or record the activity of any user of Our Blog for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
- If you are offended by any Content, the following procedure applies:
- your claim or complaint must be submitted to us by email with information that includes the date and topic of the post, the content of the post and how you deem the post offensive;.
- we shall remove the offending Content as soon as we are reasonably able;
- after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
- we may re-instate the Content about which you have complained or not.
- In respect of any complaint made by you or any person on your behalf, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
- You agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
7. Our Blog: moderated Content
- Whatever the age of consent in your country, we are anxious that our users should be protected from unsuitable Content. To protect you and your children, you should know our policy, which is as follows:
- Insofar as Content relates to children, we will check both the entries, and, where relevant, the links.
- We do not knowingly collect personal information from any person under the age of 18 years.
- Any person of any age may freely access any page of Our Blog. We do not check identities nor moderate Content beyond our reasonable control.
- It is you, not we, who provide access to Our Blog for the children in your care. It is for you to check that the Content your children might see is suitable for them.
- Where links are concerned, you may like to check the privacy policies of those sites where your children might visit frequently to see how they collect and use information.
- Filter software may also be useful to you.
- You acknowledge that we are not responsible for Content that anyone has placed on Our Blog for the content of the site accessible by a link from Our Blog.
- You now agree to waive any claim you may otherwise have against us on account of age-related suitability of Content and to indemnify us against any claim made by any person on behalf of a child in your care.
8. Security of Our Blog
If you violate Our Blog, we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
- modify, copy, or cause damage or unintended effect to any portion of Our Blog, or any software used within it.
- link to Our Blog in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
- download any part of Our Blog, without our express written consent;
- collect or use any content, information, product listings, descriptions, or prices;
- collect or use any information obtained from or about Our Blog or the Content except as intended by this agreement;
- aggregate, copy or duplicate in any manner any of the Content or information available from Our Blog, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
- share with a third party any login credentials to Our Blog;
- Despite the above terms, we now grant a licence to you to:
- create a hyperlink to Our Blog for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
- you may copy the text of any page for your personal use in connection with the purpose of Our Blog or a Service we provide.
9. Intellectual Property
You agree that at all times you will:
- not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it.
- notify us of any suspected infringement of the Intellectual Property;
- if applicable, so far as concerns software provided or made accessible by us to you, you will not:
- copy, or make any change to any part of its code;
- use it in any way not anticipated by this agreement;
- give access to it to any other person than you, the licensee in this agreement;
- in any way provide any information about it to any other person or generally.
- not use the Intellectual Property except directly as intended by this agreement or in our interest.
10. Disclaimers and limitation of liability
- You agree and acknowledge that the Contents, Posts and any information found on our Blog shall not be deemed as advice, whether legal, financial or otherwise. You acknowledge that this Blog is about our, or the authors’ experiences and shall seek independent legal or financial advice if you take any action based on the information in our Blog.
- The law differs from one country to another. This paragraph 11 applies so far as the applicable law allows.
- All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
- Our Blog may include Content Posted by third parties. We are not responsible for any such Posting. If you come across any Content which offends against this document, please contact us via the “Contact us” page on Our Blog.
- You are advised that Content may include technical inaccuracies or typographical errors. We would be grateful if you bring to our immediate attention, any that you find.
- Our Blog contains links to other Internet Blogs. We have neither power nor control over any such Blog. You acknowledge and agree that we shall not be liable in any way for the content of any such linked Blog, nor for any loss or damage arising from your use of any such Blog or from your buying services or goods via such a Blog.
- The properties Blog is provided “as is”. We make no representation or warranty that the information will be:
- useful to you;
- of satisfactory quality;
- fit for a particular purpose;
- available or accessible, without interruption, or without error.
- We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Blog.
- We accept no responsibility for:
- third party advertisements which are posted on Our Blog or through the Services;
- the conduct, whether online or offline, of any user of Our Blog or the Services;
- failure or malfunction of computer hardware or software or technical equipment or system connected directly or indirectly to your use of the Services.
- You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Services concerned, if applicable.
- Except in the case of death or personal injury, our total liability under this agreement, however it arises, shall not exceed the sum of £1,000.
- We shall not be liable to you for any loss or expense which is:
- indirect or consequential loss; or
- economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
- This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the contracts (Rights of Third Parties) Act 1999) as well as to us.
11. You indemnify us
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
- your failure to comply with the law of any country;
- your breach of this agreement;
- a contractual claim arising from your use of the Services
- any Content you Post to Our Blog;
- a breach of the intellectual property rights of any person.
12. Cookies policy
- In some sections of Our Blog, we require you to have the cookies enabled given that some of the featured require them to work, but under no circumstances collect personal information (identification, contact, work related, or in any other way).
- The information obtained shall not be communicated to third parties, with the exception of cases where possible fraudulent activities are being investigated.
- If the you want to disable the cookies, you must do it directly from the web browser.
13. Miscellaneous matters
- You undertake to provide to us your current land address, e-mail address, telephone and fax numbers as often as they are changed together with all information that we may require to enable us to fulfill our obligations under this contract.
- If any term or provision of this agreement 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.
- If you are in breach of any term of this agreement, we may:
- publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
- terminate your account and refuse access to Our Blog;
- remove or edit Content, or cancel any order at our discretion;
- issue a claim in any court.
- No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
- You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you.
- Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
|It shall be deemed to have been delivered:|
|if delivered by hand: on the day of delivery;|
|if sent by post to the correct address: within 72 hours of posting;|
|If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.|
- In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
- This agreement does not give any right to any third party under the laws of any country, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under the relevant laws.
- In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
- The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.
This contract is based on a set written by Net Lawman and released under licence. They protect your rights as well as ours.