Wyred Up - Terms & Conditions

AndyH — Mon, 08 Sep 2008 13:43:38 GMT

Introduction

Wyre Community Safety Partnership (Wyredup Service) welcomes you to Wyredup.co.uk, a social networking site where you can get in touch with members of the Wyredup Service.

These are our terms and conditions for use of the network, which you may access through the internet and through WAP services provided by certain mobile network providers. By using the Wyredup Service, you are deemed to have accepted these terms and conditions.

1. Terms and Conditions

We may change these terms and conditions from time to time and any changes will be reflected on this page.
Your continued use of Wyredup.co.uk will be deemed acceptance of the updated or amended terms. If you do not agree to the terms and conditions or any changes, you should cease using this website.

2. Eligibility and Registration

i. You must be 13 years or older to use the Wyredup service. Please get your parents or guardians permission before registering for the Wyredup service. By registering you represent and warrant that you are 13 or older and that you have the capacity to understand, agree and comply with these terms of service. We advise that you never reveal any personal information about yourself.

ii. You should provide true, accurate and complete registration information to be a Wyredup.co.uk member and as part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure.

iii. We may refuse to grant you a username that impersonates someone else or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.

3. Member Conduct and Appropriate Content

i. The Wyredup service is made available for your personal, non-commercial use only. You may not use the Wyredup service for any illegal or unauthorised purpose.

ii. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content that you submit, post and display on the Wyredup.co.uk service.

iii. We may, but shall have not obligation to, remove anything that we determine in our sole discretion is unlawful, fraudulent, threatening, libellous, defamatory, obscene or otherwise objectionable, or infringes any terms and conditions.

iv. Under no circumstances does Wyredup have any obligation to check the accuracy or truthfulness of any of the materials, nor to monitor any members use of the Wyredup service.

4. Conditions of Use

You agree to abide by all relevant legislation and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the Wyredup Service. By way of example, and not as a limitation, you agree NOT to:

Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others.

Publish, distribute and/or disseminate any harmful, obscene, indecent, unlawful, libellous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.

Use other Members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other Members.

Submit Materials that are unlawful or promote or encourage illegal activity.

Submit Materials of any third party without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by Wyredup.co.uk

Create a false or misleading identity of, including, but not limited to, a Wyredup employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.

Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Use the Wyredup.co.uk Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website.

Attempt to gain unauthorised access to the Wyredup Service, other accounts, computer systems or networks connected to the Wyredup Service, through password mining or any other means.

Modify, adapt, translate, or reverse engineer any portion of the Wyredup Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Wyredup.co.uk Service.

Reformat or frame any portion of the web pages that are part of the Wyredup.co.uk Service.

Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.

Remove any copyright, trademark or other proprietary rights notices contained in or on the Wyredup Service.

Disseminate any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.

Interfere with another Member's use and enjoyment of the Wyredup Service.

Harvest or collect email addresses or other contact information of Members, including usernames, from the Wyredup.co.uk website by electronic or other means.

5. Proprietary Rights

i. Wyredup does not claim any ownership rights in any Materials that you submit, post, or display on or through the Wyredup Services or on the Wyredup.co.uk website.

ii. After submitting, posting or displaying Materials on or through the Wyredup Services or on the Wyredup.co.uk Web site, you continue to retain all ownership rights in such Materials, and you continue to have the right to use your Materials in any way you choose.

iii. By submitting, posting or displaying any Materials on or through the Wyredup Service, you hereby grant to Wyredup a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials solely on and through the Wyredup Service.

iv. Without this license, Wyredup would be unable to provide the Wyredup Service. The license you grant to Wyredup is non-exclusive (meaning you are free to license your Materials to anyone else in addition to Wyredup), fully-paid and royalty-free (meaning that Wyredup is not required to pay you for the use on the Wyredup Service of the Materials that you post), sub licensable (so that Wyredup is able to use its affiliates and subcontractors such as Internet and WAP content delivery networks to provide the Wyredup Service), and world-wide (because the Internet and the Wyredup Service are global in reach).

v. This license will terminate at the time you remove your Materials from the Wyredup Service, except that you agree that the license will continue solely with respect to other Members' continued use of your Materials that are not music or videos (i.e. photos or skins); provided, however if you remove any of the Materials from the Wyredup Service, Wyredup reserves the right to remove all of your Materials from other Member's pages.

vi. The license does not grant Wyredup the right to sell your Materials, nor does the license grant Wyredup the right to distribute your Materials outside of the Wyredup Service. You represent and warrant that: (i) you own the Materials posted by you on or through the Wyredup Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through the Wyredup Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through the Wyredup Service.

vii. Wyredup. and its affiliates and licensors own and retain all rights in the Wyredup.co.uk Web site and Wyredup Service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the Wyredup Service by Wyredup.co.uk.

viii. Except as expressly authorised by Wyredup.co.uk, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Wyredup.co.uk's proprietary information. 'Wyredup' and 'Wyredup.co.uk' are trademarks of The Wyre Community Safety Partnership.

6. Internet/WAP Access

i. i. Wyredup shall not be responsible for any connection or access to the Wyredup.co.uk website by you or the quality of the transmission of any information passing between you and the website.

ii. You will be responsible for providing your own communications equipment to access the Wyredup.co.uk website via the Internet or WAP service, and the Internet/WAP access charges thereon.

iii. You recognise that Wyredup shall not be responsible for any reduced functionality resulting from, or in connection with, your use of the Wyredup Service via WAP.

7. Termination of the Wyredup Service

i. These Terms of Service will apply to your use of the Wyredup Service. At any time, you can terminate your account which will remove your profile and other personal information from view.

ii. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the Wyredup Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.

iii. Wyredup may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the Wyredup Service, or any part thereof, with or without notice. You agree that any termination of access to the Wyredup Service under any provision of the Terms of Service may be effected without notice, and acknowledge and agree that Wyredup may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Wyredup Service.

iv. Where possible, Wyredup will use reasonable efforts to give Members fair notice of termination or suspension of their access to the Wyredup Service. Further you agree that Wyredup shall not be liable to you or any third party for any termination or suspension of access to the Wyredup Service or modification of the Wyredup Service.

8. Disclaimer of Warranties

i. Wyredup disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Materials displayed on the Wyredup Service.

ii. Wyredup further expressly disclaims (1) that the Wyredup Service will meet your requirements and will be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3) that the Wyredup Service or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of the Wyredup Service or the content made available as part of the Wyredup Service will be correct, accurate, timely, or otherwise reliable.

iii. Wyredup expressly disclaims any and all responsibility and liability for the conduct of any other Member, and expressly disclaims that the content and Materials of the Wyredup Service input by other Members is correct or accurate.

iv. Wyredup, provides the Wyredup service, and all materials, information (including, without limitation, text, graphics, links or any information or materials obtained or accessed through the Wyredup services), products, and services included therein 'as is', 'with all faults', 'as available', and with no warranties whatsoever.

v. Wyredup expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, freedom from computer virus, title, and non-infringement of proprietary rights.

9. Hold Harmless and Indemnity

i. You agree to hold harmless and indemnify Wyredup against any third party claim arising from or in any way related to your use of or conduct on the Wyredup.co.uk Service, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential).

10. Limitation of Liability

i. Your use of the Wyredup service is at your sole risk. Under no circumstances will Wyredup, its agents, and employees, be liable to you for any direct, indirect, incidental, or consequential, losses (including without limitation loss of profits, goodwill, use, data, or other intangible losses), whether based in contract, tort, strict or otherwise, arising out of or in connection with use of, or inability to use, the Wyredup service,

ii. Such limitation of liability shall apply (i) whether the damages arise from use or misuse of and reliance on the Wyredup service, from inability to use the Wyredup service, or from the interruption, suspension, or termination of the Wyredup service.

iii. If you are dissatisfied with the Wyredup service or any part of the Wyredup service your sole and exclusive remedy is to discontinue using the Wyredup service and its related website.

iv. Wyredup accept no responsibility or liability for any interruption or delay to the Wyredup Service.

11. Notices

i. Wyredup may provide you with notices regarding the Wyredup.co.uk Service or these Terms of Wyredup Service by regular mail, email, or postings to this website.

12. Legal Compliance

ii. You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Wyredup Services.

13. Miscellaneous

i. These Terms of Service are governed by and interpreted in accordance with English law, which shall have exclusive jurisdiction over any disputes.

ii. If for any reason a court finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

iii. These Terms of Service constitute the entire agreement between you and Wyredup and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral.

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