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Author Topic: The legal terms and conditions of the site  (Read 10818 times)

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The legal terms and conditions of the site
« on: 12 March, 2009, 10:47:16 AM »
(with thanks to Amit Sharma (aka Logicalawyer) for his professional assistance with amendments)  8)

This User Terms of Service Agreement hereafter TOS  between;

(1) Intelligent Answers

and

(2) You

agree that;

Definitions are as follows, all other words, phrases shall have their ordinary English meaning

We or Us “Intelligent Answers” includes all legal & natural persons who are providing direct or indirect service as per this User Terms of Service Agreement and their associates being legal and natural persons.

"You “ the end user, whether a natural or legal person being in business as a sole trader, partnership or limited liability partnership, or limited company whether publicly listed or not, limited by guarantee or incorporated by Royal Charter or any other business model at the time of this agreement.

“Service” means the full or partial use of the Intelligent Answers website /forum howsoever legally used as per this agreement. Intelligent Answers provides users with access to a question and answer site, a social network area of the site and a personal messaging service. You also understand and agree that the Intelligent Answers site may include advertisements and that these advertisements are necessary for Intelligent Answers to provide the Intelligent Answers Services. This may include new features from time to time.

“You” means the person whether natural or legal who is currently using the Service and that person being the same or different from time to time and is capable of forming a contract being over the age of 18 and those of age less than 18 confirm that a parent has consented on their behalf to the terms.

“Content” means data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials capable of existing electronically or other means.

“Law” means the law of England & Wales as read with European Community Law or International Law as applicable

“Registration Data” means any or all or part or whole of the data comprised on the registration page(s)

“Unauthorised Use” means any use which in the reasonable belief of the moderators may contravene any laws or ethics, or obscenity laws , rules or regulations in existence from time to time.



User Terms of Service

Registration

You also agree to:

(a) provide true, accurate, current and complete information about yourself as prompted by the Intelligent Answers' registration form and;
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Intelligent Answers has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Intelligent Answers has the right to suspend or terminate your account and refuse any and all current or future use of the Intelligent Answers Services.

   You understand that the technical processing and transmission of the Intelligent Answers Services, including your Content, may involve
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.

     
     
PRIVACY POLICY

Registration Data and other information about you are subject to our applicable privacy policy.

   You understand that the technical processing and transmission of the Intelligent Answers Services, including your content, may involve
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.

 
MEMBER ACCOUNT, PASSWORD AND SECURITY

   You will enter a password and username upon completing the Intelligent Answers Services' registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify ADMINISTRATORS of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session

 
MEMBER CONDUCT

   All publicly posted or privately transmitted Content, are the sole responsibility of the person from whom such Content originated. This means that you, and not We are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Intelligent Answers Services. Outside of the site's guidelines, Intelligent Answers does not control the Content posted via the Intelligent Answers Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Intelligent Answers Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Intelligent Answers be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Intelligent Answers Services.

      You agree to not use the Intelligent Answers Services to;

1.    upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2.    harm any person in any way;
3.    impersonate any person or entity, including, but not limited to, an Intelligent Answers Moderator or Administrator, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4.    forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Intelligent Answers Service;
5.    upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6.    upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7.    upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose and/or with the express permission of Intelligent Answers' Administrator or Moderator;
8.    upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9.    disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Intelligent Answers are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
10.   interfere with or disrupt the Intelligent Answers Services or servers or networks connected to the Intelligent Answers Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Intelligent Answers Services, including using any device, software or routine to bypass our robot exclusion headers;
11.   intentionally or unintentionally violate any applicable local, state, national or international law, any rules of any national or other securities exchange and any regulations having the force of law;
12.provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United Kingdom government as a foreign terrorist organisation pursuant to English Law
13.   "stalk" or otherwise harass another; and/or
14.   collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through 13 above.

        You acknowledge that Intelligent Answers may or may not pre-screen Content, but that Intelligent Answers and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Intelligent Answers Services. Without limiting the foregoing, Intelligent Answers and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Intelligent Answers or submitted to Intelligent Answers.

        You acknowledge, consent and agree that Intelligent Answers may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(i)    comply with legal process;
(ii) enforce the TOS;
(iii) respond to claims that any Content violates the rights of third parties;
(iv) respond to your requests for customer service; or
(v) protect the rights, property or personal safety of Intelligent Answers, its users and the public.

        You understand that the Intelligent Answers Services and software embodied within the Intelligent Answers Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Intelligent Answers and/or content providers who provide content to the Intelligent Answers Services. You may not attempt to override or circumvent any of the usage rules embedded into the Intelligent Answers Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Intelligent Answers Services, in whole or in part, is strictly prohibited.
 



   
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE INTELLIGENT ANSWERS SERVICES

Intelligent Answers does not claim ownership of Content you submit or make available for inclusion on the Intelligent Answers Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Intelligent Answers Services, you grant Intelligent Answers the following worldwide, royalty-free and non-exclusive license(s), as applicable:

1.    With respect to Content you submit or make available for inclusion on publicly accessible areas of Intelligent Answers the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Intelligent Answers Services solely for the purposes of providing and promoting the specific Intelligent Answers area to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Intelligent Answers Services and will terminate at the time you remove or Intelligent Answers removes such Content from the Intelligent Answers Services.
2.    With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Intelligent Answers Services, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Intelligent Answers Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Intelligent Answers Services and will terminate at the time you remove or Intelligent Answers removes such Content from the Intelligent Answers Services.
3.     With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Intelligent Answers Services, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

      "Publicly accessible" areas of the Intelligent Answers Services are those areas of the IntelligentAnswers site that are intended by Intelligent Answers to be available to the general public.
        Termination of your Intelligent Answers account, whether by request or following its termination due to violation or breach of the TOS etc. does not revoke Intelligent Answers' right to publish any Content submitted or made available for inclusion on the Intelligent Answers Services.

 CONTRIBUTIONS TO INTELLIGENT ANSWERS

        By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Intelligent Answers through suggestions or feedback, you acknowledge and agree that: (
a)    your Contributions do not contain confidential or proprietary information;
(b) Intelligent Answers is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
(c)   Intelligent Answers shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
(d) Intelligent Answers may have something similar to the Contributions already under consideration or in development;
(e) your Contributions automatically become the property of Intelligent Answers without any obligation of Intelligent Answers to you; and
(f) you are not entitled to any compensation or reimbursement of any kind from Intelligent Answers under any circumstances.
 
INDEMNITY

     You agree to indemnify and hold Intelligent Answers and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Intelligent Answers Services, your use of the Intelligent Answers Services, your connection to the Intelligent Answers Services, your violation of the TOS, or your violation of any rights of another.
 
NO COMMERCIAL REUSE OF INTELLIGENT ANSWERS

      You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Intelligent Answers Services (including Content, advertisements, Software and your Intelligent Answers ID).
 
GENERAL PRACTICES REGARDING USE AND STORAGE

        You acknowledge that Intelligent Answers may establish general practices and limits concerning use of the Intelligent Answers Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Intelligent Answers Services, the maximum number of email or personal messages that may be sent from or received by an account on the Intelligent Answers Services, the maximum size of any email or personal message that may be sent from or received by an account on the Intelligent Answers Services, the maximum disk space that will be allotted on Intelligent Answers' servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Intelligent Answers Services in a given period of time. You agree that Intelligent Answers has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Intelligent Answers Services. You acknowledge that Intelligent Answers reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Intelligent Answers reserves the right to modify these general practices and limits from time to time.

MODIFICATIONS TO SERVICES

        Intelligent Answers reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Intelligent Answers Services (or any part thereof) with or without notice. You agree that Intelligent Answers shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Intelligent Answers Services (or any part thereof).
 
TERMINATION

     You may terminate your Intelligent Answers account by submitting such termination request to Intelligent Answers Admin or Moderators.

        You agree that Intelligent Answers may, without prior notice, immediately terminate, limit your access to or suspend your Intelligent Answers account and access to the Intelligent Answers Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to,
(a) breaches or violations of the TOS or other incorporated agreements or guidelines,
(b)   requests by law enforcement or other government agencies,
(c) discontinuance or material modification to the Intelligent Answers Services (or any part thereof),
(d) unexpected technical or security issues or problems,
(e) extended periods of inactivity,
(f)    engagement by you in fraudulent or illegal activities, and/or
(g) nonpayment of any fees owed by you in connection with the Intelligent Answers Services if applicable.

   Further, you agree that all terminations, limitations of access and suspensions for cause shall be made at Intelligent Answers' sole discretion and that Intelligent Answers shall not be liable to you or any third party for any termination of your account or access to the Intelligent Answers Services.

        Termination of your Intelligent Answers account includes any or all of the following: (a) removal of access to all or part of the offerings within the Intelligent Answers Services, (b) barring of further use of all or part of the Intelligent Answers Services.

DEALINGS WITH ADVERTISERS

        Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Intelligent Answers Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Intelligent Answers shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Intelligent Answers Services and we do not endorse any such product or service howsoever presented to You.

LINKS

        The Intelligent Answers Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Intelligent Answers is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content,

 OUR INTELLECTUALPROPRIETARY RIGHTS

     You acknowledge and agree that the Intelligent Answers Services and any necessary software used in connection with the Intelligent Answers Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Intelligent Answers Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Intelligent Answers  or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Intelligent Answers Services, such Content or the Software, in whole or in part.

      Intelligent Answers grants you a personal, non-transferable and non-exclusive license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Intelligent Answers Services. You agree not to access the Intelligent Answers Services by any means other than through the interface that is provided by Intelligent Answers for use in accessing the Intelligent Answers Services.

DISCLAIMER OF WARRANTIES

You accept that:

   The use of the Service is solely at your own risk
   The Content may or may not meet your expectations, whether those expectations are reasonable or not.
   Any download of Content is at your own risk
   Any guidance, advice, opinion whether by Us or any other party is used at your own risk
   Any conditions which pre-dispose you or put you at risk of illness or injury through the use of the Service are excluded and you advised to obtain medical advice where necessary.

     
         
 LIMITATION OF LIABILITY

        YOU EXPRESSLY UNDERSTAND AND AGREE THAT INTELLIGENT ANSWERS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INTELLIGENT ANSWERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(a) THE USE OR THE INABILITY TO USE THE INTELLIGENT ANSWERS SERVICE;
(b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES;
(c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(d)   STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE INTELLIGENT ANSWERS SERVICE; OR
(e) ANY OTHER MATTER RELATING TO THE INTELLIGENT ANSWERS SERVICE.

      SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
 
Financial Services & Legal Advice

   We are not authorised to give financial or legal advice which would give rise to liability under the Financial Services and Markets Act 2000 (as amended), any opinion or advice is given without any liability on our part and professional advice must be sought where required.

   We are not authorised to give any legal advice on any matter which may arise in the Content any opinion or advice is given without any liability on our part and professional advice must be sought where required.


NO THIRD-PARTY RIGHTS

   The Contract (Rights of Third Parties) Act 1999 shall have no operation in this agreement.

NOTICE

   Intelligent Answers may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Intelligent Answers  Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Intelligent Answers Services in an unauthorised manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Intelligent Answers Services in an authorized manner.

Intellectual Property

   You agree that all of Intelligent Answers' registered or unregistered trademarks, trade names, service marks and other Intelligent Answers logos and brand features, and product and service names are trademarks and the property of Intelligent Answers and all rights are reserved and all implied licences are hereby excluded from operation.

Termination

   We reserve the right to terminate any account(s) for Service held by you or any we believe to be held by You for any reason which the moderators belief to be the best course of action being appropriate for the time being.




GENERAL EXCLUSIONS & LIMITATIONS

These Terms are the entire agreement between Us & You

   The failure of Intelligent Answers to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

   No Right of Survivorship and Non-Transferability. You agree that your Intelligent Answers account is non-transferable and any rights to your Intelligent Answers ID or contents within your account terminate upon your death or inactivity for a period of 180 Days or Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

   No other terms shall be incorporated in the Terms whether express or implied that are capable of exclusion under the Law.

      The section titles in the TOS are for convenience only and have no legal or contractual effect.

Breaches

      Please report any breaches of the TOS to Intelligent Answers' Admininstrators.

We reserve the right to notify authorities if we believe criminal or civil infringment is taking place through the Service we are providing.

Last updated 12 March 2009

©Intelligent Answers 2009
« Last Edit: 15 March, 2009, 08:56:21 AM by Hiheels »