Legal Notices
THE CITYBASH WEB SITE ("Site")
- Terms and Conditions for use of the Site.
Please ensure that you read carefully
through the following terms and conditions before using
this Site.
1 Application and Termination
1.1 By accessing this Site you agree to be bound by these
terms and conditions and all other applicable laws. If
you do not agree to be bound by these terms
and conditions then please do not use this Site.
1.2 These terms and conditions:
1.2.1 Apply to you upon your accessing this Site.
1.2.2 May be changed or terminated by Citybash without notice, for any reason
and at any time. You agree that Citybash has no obligation to inform you
of these changes and that it is your responsibility to establish whether the
terms and conditions have been so changed. If you disagree with any changes
then you must stop using this Site immediately.
1.3 The provisions in these
terms and conditions relating to disclaimer, copyright, trademark,
limitation of liability,
indemnity, hypertext links, severance and law and jurisdiction
shall survive any termination.
2 Disclaimer
2.1 This Site and the materials, products and services
in this Site are provided on an "as is" and "as available" basis.
2.2 To the full extent permitted at law Citybash makes
no (and expressly disclaims all) representations or warranties,
express or implied in respect
of this Site or its contents or the contents, advice and opinions of any Hypertext
Link or third party contributor to this Site, including, but not limited to,
implied warranties as to quality, accuracy, adequacy, usefulness, timeliness,
reliability, merchantability and fitness for a particular purpose and non infringement
of the contents of this Site or any goods or services purchased or obtained
or any transactions entered into by you through this Site.
2.3 Citybash does not represent or warrant that the material or any of the
functions contained in this Site or the contents of any hypertext link or any
comments, advice or opinions by any third party contributor to this Site will
be uninterrupted, accurate, complete or that current defects will be corrected,
or that this Site or the server that makes the Site available are free of viruses
or other harmful components.
3 Copyright
3.1 You agree that all copyright, trademarks and other intellectual property
rights in the material or content of this Site shall remain at all times vested
in Citybash or its licensors.
3.2 You agree that the content of this Site is made available for you in your
personal capacity and for your personal use only, and not for any commercial
use. You agree that you may only download the content of this Site onto one
computer hard drive, but not for commercial use, and that any other use of
the content of the Site is strictly prohibited.
3.3 You agree that you will neither solely or jointly with or on behalf of
any other third party directly or indirectly copy, reproduce, transmit, distribute,
publish, display, commercially exploit or create derivative works of the content
of this Site.
3.4 You agree that you will not change in any way any proprietary notices from
material down loaded from this Site by you for your non commercial personal
use.
3.5 You agree that by the act of posting materials onto this Site you grant
Citybash and any licensors an irrevocable, perpetual, royalty free worldwide
licence to use the said materials in any manner which Citybash sees fit.
The licence will include broadcasting, editing, copying, distributing and otherwise
transmitting the material.
4 Trademarks
The trade marks and logos and service marks used and displayed on this Site
are, unless otherwise specified, the trademarks of Citybash. No rights are
granted to use any of them without the written permission of Citybash.
5 Limitation of Liability
5.1 With the exception of death or personal injury resulting from the negligence
of Citybash and to the fullest extent permitted by law you agree that Citybash
shall not be liable in negligence, contract, tort, statutory duty or in any
other way for any of the following:
5.1.1 Any loss or damage caused of whatever nature arising directly or indirectly
from or in any way related with the Site, or
5.1.2 Your reliance or use of any information or material obtained either directly
or indirectly from the use of this Site, or
5.1.3 Any purchases or orders that you make for goods and/or services either
indirectly or directly through this Site, including any damage for loss of
profits or loss of business without limitation, or
5.1.4 Any other consequential or pecuniary loss in any way related to the use
of this Site.
5.2 Condition 5.1 shall apply even if Citybash have
been advised of the possibility of such loss or damage.
5.3 You acknowledge that any dealings, bookings or purchases
of goods or services made with a third party by you through
this Site shall be subject to the terms
and conditions of that third party and that Citybash will not be a party
to or in any way responsible for or liable to you in respect of any transactions
between you and that third party.
5.4 You agree that it is your sole responsibility to evaluate any goods or
services offered by this Site or by any third parties via this Site.
5.5 Citybash is unable and therefore does not make any representations or
warranties as to the security of information that you pass to any third parties
as a result of using this Site either directly or indirectly.
5.6 You acknowledge that Citybash has no control over the information which
can be accessed by this Site or which can be accessed by any other web site
which you access as a result of using this Site.
5.7 You acknowledge that Citybash does not know or examine the use to which
you or other users put this Site or the nature of the information you or other
users are sending or uploading.
5.8 Citybash therefore excludes all liability of whatever kind and to the
fullest extent permitted by law (this includes libel, breach of confidence,
invasion of privacy, negligence and all intellectual property infringements)
for the transmission or reception of information which can be accessed by this
Site of whatever nature by about or to you.
6 Notice
6.1 Citybash may serve notice upon you by any of the following means:
6.1.1 Electronic mail
6.1.2 A general notice on the Site
6.1.3 Notice in writing delivered by first class mail to the address which
you have provided for us.
7 Hypertext Links
7.1 Citybash may provide a link from its own Site to other
web sites. Furthermore Citybash may direct electronic
mails to persons chosen by you, however you
agree that Citybash has no control over these Electronic mails or Hypertext
Links (or any other third party link) and that you use these links or forwarding
mechanisms entirely at your own risk.
7.2 You agree that Citybash has no responsibility or liability for the content
or any policies of any Hypertext Links (or any other third party link) as mentioned
in 7.1 above.
8 Use of the Site
If this Site contains bulletin boards, chat rooms, or other message or communication
facilities (collectively "Forums"), you agree to use the Forums only
to send and receive messages and material that are proper and related to the
particular Forum. By way of example, and not as a limitation, you agree that
when using a Forum, you shall not do any of the following:
8.1 Defame, abuse, harass, stalk, threaten, or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
8.2 Publish, post, distribute, or disseminate any defamatory, infringing, obscene,
indecent, or unlawful material or information.
8.3 Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control
the rights there to or have received all necessary consents.
8.4 Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer.
8.5 Delete any author attributions, legal notices, or proprietary designations
or labels in any file that is uploaded.
8.6 Falsify the origin or source of software or other material contained in
a file that is uploaded.
8.7 Advertise or offer to sell any goods or services or conduct or forward
surveys, contests, or chain letters.
8.8 Download any file posted by another user of a Forum that you know, or reasonably
should know, cannot be legally distributed in such manner. You acknowledge
that all Forums are public and not private communications. Further, you acknowledge
that chats, postings, conferences, and other communications by other users
are not endorsed by Citybash, and such communications shall not be considered
reviewed, screened, or approved by Citybash. Citybash reserves the right
for any reason to remove without notice any contents of the Forums received
from users, including without limitation bulletin board postings. Citybash
reserves the right to deny in its sole discretion any user access to this Site
or any portion thereof without notice.
9 Indemnity
You agree to keep Citybash indemnified against all actions, claims, costs,
expenses (including all legal costs) and damages brought against or suffered
by Citybash arising out of any breach of these terms and conditions or any
activity relating to your use of the Site (including negligent or wrongful
conduct) by you or any other person accessing the Site using your name or any
other name with which you have registered under this Site.
10 Persons under the age of 18
10.1 If you are under 18 years of age you agree that you have had your parents
or legal guardians permission to send any information to us about yourself or
anyone else over the internet.
10.2 Citybash make no representations or warranties to the effect that the
contents of this Site are suitable for people under the age of 18.
11 Severance
If any of these terms and conditions shall in whole or in part be held to any
extent to be illegal or unenforceable under any enactment or rule of law such
provision shall to the extent required be severed from the terms and conditions
and rendered ineffective as far as possible without modifying the remaining
provisions of this agreement and shall not in any way affect any other circumstances
or the validity or enforcement of these terms and conditions.
12 Law and Jurisdiction
These terms and conditions shall be governed by and construed in all respects
in accordance with English law and the parties irrevocably agree that the courts
of England and Wales shall have exclusive jurisdiction in respect of any dispute,
suit, action, arbitration or proceedings which may arise out of or in connection
with these terms and conditions provided that Citybash has the right at it's
sole discretion to commence and pursue proceedings in any other jurisdiction
or jurisdictions whether concurrently or not.
|