PLEASE READ THIS AGREEMENT CAREFULLY.
IT SETS OUT THE TERMS UNDER WHICH BTLINKS.COM OFFERS
YOU USE OF ITS INTERACTIVE SERVICES AS DEFINED IN CLAUSE
1.1 OF THIS AGREEMENT. BY USING ANY OF THE INTERACTIVE
SERVICES AND/OR THE SITES YOU AGREE THAT YOU HAVE READ
AND ACCEPT THESE TERMS AND CONDITIONS AND THAT THEY
SHALL APPLY TO YOUR USE. IF YOU DO NOT WISH TO BE BOUND
BY THEM, PLEASE LEAVE THIS WEB SITE.
This Agreement is made between you and BTlinks.com |
1.
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Interactive Services
1.1
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BTlinks.com may make available to you chat
areas, forums and/or other means by which communications
may be made available and/or disseminated publicly;
shopping and other commercial and/or transactional
services; advisory services; and/or competitions
and/or prize draws (all together the "Interactive
Services").
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1.2
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The Interactive Services may be operated by third
parties and where they are this will be made clear
to you. Where such Interactive Services are operated
by a third party you may be asked to supply information
and/or data (including, without limitation, financial,
credit card and/or bank data), where that third
party may have specific additional terms and conditions
which apply. Further, when using such Interactive
Services operated by such third parties, you will
be dealing with them directly and as such any contracts
and/or arrangements will be formed between you and
them, without BTlinks.com as a party and BTlinks.com
cannot be held liable for your use of or any liability
arising out of the same (save to the extent required
by law).
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2.
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Use of the Sites and the Interactive Services
The Sites and the Interactive Services are for personal
and non-commercial use only. You may copy electronically
and print portions of the Sites and/or the Interactive
Services for your personal, non-commercial use only.
In particular, you may not use any information from
any directory or other listing or information retrieval
service (if any) made available on or by any Site and/or
the Interactive Services, in connection with any business
or commercial undertaking (whether or not for profit).
Any other use of materials on the Sites and/or the Interactive
Services (including without limitation reproduction
for a purpose other than that noted above and any modification,
distribution or republication) without the prior written
permission of BTlinks.com is strictly prohibited. You
also agree not to deep-link and/or frame to any of the
Sites for any purpose, unless specifically authorised
by BTlinks.com to do so.
2.1
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You agree that:
a)
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you shall not use the Sites or the Interactive
Services to transmit or knowingly or recklessly
receive (or knowingly or recklessly authorise
or permit any other person to receive or
transmit) material which is obscene, threatening,
menacing, offensive, defamatory, abusive,
in breach of confidence, in breach of any
intellectual property right (including copyright)
or otherwise violates any applicable law
or regulation or code, or which makes excessive
demands for bandwidth or contains any virus
or which may otherwise impair or harm BTlinks.com's
computer systems or any third party computer
system; and
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b)
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you will keep your passwords relevant
to the Sites and/or the Interactive Services
secure and not let them become public knowledge.
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2.2
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If you publish any text or graphics via the
Interactive Services by way of contributions to
chats, discussions or user reviews, you automatically
and hereby grant to BTlinks.com a perpetual, royalty
free, irrevocable, non-exclusive right and license
to use, reproduce, modify, publish, translate,
create derivative works from and distribute such
text or graphics into any form, medium or technology
now known or hereafter developed. In addition,
as between you and BTlinks.com, you assert and
waive any and all moral rights in such text or
graphics.
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2.3
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The intellectual property in all design, text,
graphics and other material and the selection
or arrangement of such material in the Sites and/or
the Interactive Services is owned by BTlinks.com
and/or its respective licensors.
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2.4
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Save to the extent required by law, no representations,
warranties or terms of any kind are made in respect
of the Sites and/or the Interactive Services or
their contents (including, without limitation,
any views or comment made). All information and/or
data included in and/or on the Sites, the Interactive
Services and/or in any directory or other listings
or information retrieval service made available
on or by the Sites and/or the Interactive Services
has been so made available for guidance only.
Your use of such information and/or data is therefore
entirely at your own risk. All liability of BTlinks.com,
its directors, employees or other representatives
howsoever arising for any loss suffered as a result
of your use of the Sites and/or the Interactive
Services is expressly excluded to the fullest
extent permitted by law.
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2.5
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The Sites and/or the Interactive Services may
include links to web sites and/or services owned
and/or operated by third parties. These are provided
for your convenience only and BTlinks.com is not
responsible for and does not give any warranties
or make any representations regarding any such
web sites and/or services and is not responsible
for or liable in relation to the content or your
use of such web sites (save to the extent required
by law).
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2.6
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In view of the vast flow of information transmitted
by an Internet service provider and/or web site
operator (as applicable) each day, it is not technically
possible nor economically feasible to monitor
all materials that pass through its system (including,
without limitation, all views and/or comments
therein). BTlinks.com believes that the onus for
ensuring that material presented on the Internet
is legal rests with the original content provider,
and we will not limit access to material unless
notified that it is illegal. Not with standing,
BTlinks.com shall have the right to remove any
items it believes may be illegal.
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2.7
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BTlinks.com is the owner of:
a)
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those trade mark(s) indicated as such
throughout the Sites from time to time;
and
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b)
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all other trade marks used in the Sites
and/or the Interactive Service which are
not licensed to it by any third party.
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All other trade marks, product names and company
names or logos cited therein are the property
of their respective owners.
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2.8
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The provisions in clause 5 on Data Protection
and Use of Personal Information apply in respect
of your use of the Sites and/or the Interactive
Services.
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3.
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Availability and Security of the Sites and the
Interactive Service
3.1
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Due to the nature of the Internet, BTlinks.com
does not promise full and error free operation
of the Sites and/or the Interactive Services at
all times. All liability of BTlinks.com, its directors
or employees howsoever arising for any loss whatsoever
arising from your use of or inability to use the
Sites and/or the Interactive Services is excluded,
in so far as it is possible to do so in law.
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3.2
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BTlinks.com shall use reasonable endeavours
to ensure that the Sites, the Interactive Services
and any information it holds on you are kept secure.
However, due to the nature of the Internet, BTlinks.com
cannot accept any liability for those who intentionally
attempt to and/or gain unauthorised access to
the same by means such as, without limitation,
computer hacking (save to the extent that BTlinks.com
is unable to exclude such liability by law).
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4.
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Registration
Where you are asked to complete a BTlinks.com registration
form the personal details that you provide must be true,
accurate and complete .
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5.
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Data Protection and Use of Personal Information
5.1
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Information may be gathered from your registration
form(s) and your use of the Sites and/or the Interactive
Services including through "cookies". Cookies
are blocks of text placed in files on your computer's
hard drive when you visit a web site which contain
information to identify you. A cookie does not
contain any personal information you have provided
us with, except your user name, unless the cookie
is attached to personal information collected
another way, such as by means of your on-line
registration form.
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5.2
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The information gathered may be used by BTlinks.com
and companies in the same group as BTlinks.com
(ie companies which share the same ultimate parent
company) internally, for purposes relating to
your use of the Sites and the Interactive Services
and for marketing activities, and may be passed
to carefully selected third parties to use for
marketing activities. By marketing activities,
we mean the communication directly to particular
individuals (by e-mail, post or telephone) of
any advertising or marketing material. If you
do not wish to receive marketing material from
BTlinks.com, from companies in the same group
as BTlinks.com or from carefully selected third
parties you should tick the appropriate box on
the registration form(s) or notify us by e-mail.
If you subsequently decide you no longer wish
to receive direct marketing/information from BTlinks.com
or companies in the same group as BTlinks.com
or no longer wish us to pass your information
to third parties you should again notify us by
e-mail.
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5.3
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BTlinks.com may forward your personal details
to the Police or other regulatory body to comply
with the law or in relation to suspected misuse
by you of the Sites and/or the Interactive Services.
Where it is lawful and necessary BTlinks.com may
also monitor e-mails you send and receive.
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5.4
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Other than as set out elsewhere in this clause
5, your information shall not be disclosed or
used by us. You hereby agree to these terms in
this clause 5 by your agreement to the terms and
conditions of this Agreement.
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6.
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Payment
The Sites and the Interactive Services are currently
made available without charge to you by BTlinks.com.
However, you are responsible for all telephone charges
necessary to access and use the Sites and the Interactive
Services which are made available.
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7.
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Termination
BTlinks.com may permanently terminate your access to
the Interactive Services immediately for any reason.
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8.
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Claims
Where a claim is brought against BTlinks.com by a third
party in relation to your use of the Sites and/or the
Interactive Services you agree to fully reimburse BTlinks.com
and all companies within the BTlinks.com group for all
losses, costs, actions, claims, damages, expenses (including
reasonable legal costs and expenses) or liabilities,
whatsoever suffered or incurred by BTlinks.com or companies
within the BTlinks.com group in or as a consequence
of your breach of this Agreement and/or your use of
the Sites and/or Interactive Services.
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9.
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Force Majeure
Neither party shall be liable to the other, for any
loss or damage which may be suffered by the other party
due to any cause beyond the first party's reasonable
control including without limitation any power failure.
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10.
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Notices
Any notices shall, unless otherwise expressly stated,
be in writing and shall be given by sending the same
by e-mail, first class post, or facsimile transmission
to the other party's address as may be designated in
writing from time to time. Any notice sent by first
class post shall be deemed (in the absence of evidence
of early receipt) to have been delivered two days after
dispatch. Any notice given by e-mail or facsimile transmission
shall be deemed to have been delivered on the next working
day following transmission.
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11.
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Assignment
11.1
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This Agreement shall be personal to you and
you may not assign, transfer, sublet, lease or
delegate all or any of your rights and obligations,
without BTlinks.com's prior written consent.
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11.1
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BTlinks.com reserves the right to assign or
transfer all or any of its rights and obligations
under this Agreement to any companies in the same
group as BTlinks.com or other third party. In
the event of assignment or transfer, notification
will either be given to you by e-mail or posted
on the Sites.
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12.
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No Waiver
Failure by either party to exercise or enforce any right
conferred shall not be deemed to be a waiver of any
such right nor operate so as to bar that exercise or
enforcement thereof or of any other right on any later
occasion.
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13.
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Variation of Terms
BTlinks.com reserves the right to vary this Agreement
from time to time. Such changes shall either be notified
to you by e-mail or posted on the home pages of the
Sites. Changes in this manner shall be deemed to have
been accepted if you continue to use the Sites and/or
the Interactive Services after a period of two weeks
from the date of transmission of the e-mail or of posting
on the home pages of the Sites, whichever occurs later.
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14.
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Law and Jurisdiction
Where the Sites and/or the Interactive Services are
accessed from England or Wales, or from outside the
United Kingdom this Agreement shall be governed by the
laws of England and Wales and you hereby submit to the
exclusive jurisdiction of the English courts. Where
the Sites and/or the Interactive Services are accessed
from Scotland or Northern Ireland this Agreement shall
be governed by the laws of Scotland or Northern Ireland
respectively and you hereby submit to the exclusive
jurisdiction of the Scottish courts or the courts of
Northern Ireland respectively.
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