|
CARP.COM MEMBER TERMS
AND CONDITIONS
(YOU MUST BE AT LEAST
12 YEARS OLD TO REGISTER ON OR USE THE CARP.COM WEBSITE. ACCESS OR USE OF THIS SITE OR
ITS CONTENTS BY ANY PERSON UNDER THE AGE OF 12 IS STRICTLY PROHIBITED.)
Please read this Member Terms and Conditions Agreement (the "Agreement") carefully. The
Agreement sets out the terms under which carp.com services (the "Services") are provided
to you by us (Carp.com Ltd. PO Box 8112. Chelmsford, Essex. CM3 7WB United
Kingdom ) through the Carp.com website (the "Site"). By registering with carp.com, you
become a member of the Service (a "Member"), and you agree to be bound by the terms and
conditions of this Agreement (the "Terms") for as long as you continue to be a Member.
If you do not agree to the Terms, please do not register for the carp.com Service or
otherwise access or use this Site.
We reserve the right at any time to:
· Change the terms and conditions of this Agreement;
· Change the Site, including eliminating or discontinuing any content on or
feature of the Site; or
· Change any fees or charges for using the Site.
Any changes we make will be effective immediately upon notice, which we may provide by
means including, without limitation, posting on the Site or email. Your use of the Site
after such notice will be deemed acceptance of the changes. Be sure to review this
Agreement periodically to ensure familiarity with the most current version. Upon our
request, you agree to sign a non-electronic version of this Agreement.
REGISTRATION. To become a Member you must register with us. When and if you register to
become a Member, you agree to provide accurate, current and complete information about
yourself as prompted by our registration form ("Registration Data"), and to maintain and
update your information to keep it accurate, current and complete. You agree that we may
rely on your Registration Data as accurate, current and complete. You acknowledge that
if your Registration Data is untrue, inaccurate, not current or incomplete in any
respect, we reserve the right to terminate this Agreement and your use of the Site.
When you register, we will require that you provide sufficient information to indicate
that you are at least 12 years old. By becoming a Member, you represent and warrant that
you are at least 12 years old, which is the minimum required age to become a Member.
However, we cannot guarantee that each Member is at least the required minimum age, nor
do we accept responsibility or liability for any content, communication or other use or
access of the Site by persons under the age of 12 in violation of these Terms.
Either you or Carp may terminate your membership at any time, for any reason, effective
upon sending written notice to the other party. All membership fees paid are
non-refundable. We reserve the right to immediately suspend or terminate your access to
the Service, without notice, upon any breach of this Agreement by you which is brought
to our attention.
Your membership in the Service is for your sole, personal use. You may not authorize
others to use your membership, and you may not assign or otherwise transfer your account
to any other person or entity.
USERNAME AND PASSWORD. As part of the registration process, you will be asked to select
a username and password. We may refuse to grant any username that impersonates someone
else, is or may be illegal, is or may be protected by trademark or other proprietary
rights law, is vulgar or otherwise offensive, or may cause confusion, as we determine in
our sole discretion. You are responsible for the confidentiality and use of your
username and password and agree not to transfer or resell your use of or access to the
Site to any third party. If you have reason to believe that your account is no longer
secure, you must promptly change your password by updating your account information,
available at the 'My Carp' Page after logging on to carp.com, and immediately notify us
by emailing us at webmaster@carp.com. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE
CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE
CONDUCTED THROUGH YOUR ACCOUNT.
ONLINE CONDUCT. As a Member, you agree that:
You are solely responsible for the content or information you publish or display
(hereinafter, "post") on the Service, or transmit to other Members.
You will not post on the Service, or transmit to other Members or employees, any
defamatory, inaccurate, abusive, obscene, profane, offensive sexually oriented,
threatening, harassing, racially offensive, or illegal material, or any material that
infringes or violates another party's rights (including, but not limited to,
intellectual property rights, and rights of privacy and publicity). Please notify us by
writing to (Carp.com Ltd. PO Box 8112. Chelmsford, Essex. CM3 7WB. United Kingdom
) or by sending an email to webmaster@carp.com of any material contained in the Service
that you believe infringes these rules.
You will use the Service in a manner consistent with any and all applicable laws and
regulations. You will not include in your profile any telephone numbers, street
addresses, last names, URLs, email addresses, offensive anatomical or sexual references,
or offensive sexually suggestive or connotative language, or any confidential
information of any third person, and you will not post any photographs or other images
containing nudity or such personal information. Carp.com reserves the right, but has no
obligation, to reject any profile or photograph or image that does not comply with these
prohibitions.
You will not impersonate any person or entity.
You will not "stalk" or otherwise harass any person.
You will not engage in advertising to, or solicitation of, other Members to buy or sell
any products or services through the Service. You will not transmit any chain letters,
spam or junk email to other Members.
You will not express or imply that any statements you make are endorsed by us, without
our specific prior written consent.
You will not harvest or collect personal information about other Members whether or not
for commercial purposes, without their express consent.
You will not use any robot, spider, site search/retrieval application, or other manual
or automatic device or process to retrieve, index, "data mine", or in any way reproduce
or circumvent the navigational structure or presentation of the Site or its contents.
You will not post, distribute or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior consent of the
owner of such proprietary rights.
You will not remove any copyright, trademark or other proprietary rights notices
contained in the Site.
You will not interfere with or disrupt the Services or the Site or the servers or
networks connected to the Services or the Site.
You will not post, email or otherwise transmit 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. Please notify us by writing to (Carp.com Ltd. PO Box 8112. Chelmsford, Essex.
CM3 7WB. United Kingdom )
You will not forge headers or otherwise manipulate identifiers in order to disguise the
origin of any information transmitted through the Service.
You will not "frame" or "mirror" any part of the Site, without our prior written
authorization. You also shall not use metatags or code or other devices containing any
reference to Carp.com or the Service or the Site in order to direct any person to any
other Web site for any purpose.
You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher,
decompile or otherwise disassemble any portion of the Site or any software used on or
for the Site or cause others to do so.
You are solely responsible for your interactions with other Members. Carp.com reserves
the right, but has no obligation, to monitor disputes between you and other Members.
We do not exclude any liability for death or personal injury due to our negligence.
INDEMNITY BY MEMBER. You agree to indemnify, defend and hold us, our officers,
directors, employees, agents and representatives harmless from and against any and all
claims, damages, losses, liabilities, costs (including reasonable attorneys' fees) or
other expenses that arise directly or indirectly out of or from (i) your breach of this
Agreement; (ii) any allegation that any materials that you submit to us or transmit to
the Site infringe or otherwise violate the copyright, trademark, trade secret or other
intellectual property or other rights of any third party; and/or (iii) your activities
in connection with the Site. This indemnity shall be applicable without regard to the
negligence of any party, including any indemnified person.
ONLINE CONTENT. Opinions, advice, statements, offers or other information or content
made available through the Service are those of their respective Member-author and not
of Carp.com, and should not necessarily be relied upon. Such Members are solely
responsible for such content. Carp.com does not guarantee the accuracy, completeness or
usefulness of any information on the Service and neither adopts nor endorses nor is
responsible for the accuracy or reliability of any opinion, advice or statement made.
Under no circumstances will Carp.com be responsible for any loss or damage resulting
from anyone's reliance on information or other content posted on the Service or
transmitted to Members.
The Site may contain links to other Internet Web sites or resources. We neither control
nor endorse such other Web sites, nor have we reviewed any content that appears on such
other Web sites. You acknowledge and agree that we shall not be held responsible for the
legality, accuracy or inappropriate nature of any content, advertising, products,
services or information located on or through any other Web sites or for the operation
or policies of any such websites, nor for any loss or damages caused or alleged to have
been caused by the use of or reliance on any such websites or such content or other
information.
We do not exclude any liability for death or personal injury due to our negligence.
WARNING - PLEASE READ: It is possible that other Members or users (including
unauthorized users, or "hackers") may post or transmit offensive or obscene materials on
the Service and that you may be involuntarily exposed to such offensive and obscene
materials. It also is possible for others to obtain personal information about you due
to your use of the Service, and that the recipient may use such information to harass or
injure you. Carp.com is not responsible for the use of any personal information that you
may choose to disclose on the Service. Please carefully select the type of information
that you post on the Service or release to others.
Carp.com reserves the right, but has no obligation, to monitor the materials posted in
any area of the Service. Carp.com shall have the right but not the obligation to remove
any such material that violates, or is alleged to violate, the law or this Agreement.
Notwithstanding this right of Carp.com, you remain solely responsible for the content of
the materials you post in any area of the Service and your private email messages.
Emails sent between you and other Members that are not readily accessible to the general
public will be treated as private by Carp.com to the extent required by applicable law
and pursuant to the commercially reasonable efforts of Carp.com.
We do not exclude any liability for death or personal injury due to our negligence.
PROPRIETARY RIGHTS. Carp.com owns and retains other proprietary rights in the Services
and the Site. The Services and the Site contain the copyrighted material, trademarks and
other proprietary information and software of Carp.com and its licensors. In addition,
other Members may post copyrighted information, which has copyright protection whether
or not it is identified as copyrighted. Except for that information which is in the
public domain or for which you have been given permission, you will not copy, modify,
publish, transmit, distribute, perform, display or sell any such proprietary
information.
By posting information or content to any area of Carp.com, you automatically grant, and
you represent and warrant that you have the right to grant, to Carp.com and other
Members an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use,
copy, perform, display and distribute such information and content and to prepare
derivative works of, or incorporate into other works, such information and content, and
to grant and authorize sublicenses of the foregoing.
INFORMATION SUPPLIED BY MEMBER. We will respect your personal information and undertake
to comply with all applicable data protection legislation in the UK and other
jurisdictions in which we offer the Service, subject to the Privacy Policy of Carp.com.
The personal information (including sensitive personal information) you provide to us
will be stored on computer. You consent to us using this information to build up a
profile of interests, preferences and browsing patterns and to allow you to participate
in the Carp.com Service. All Members also agree to uphold and maintain our Privacy
Policy and to the terms and conditions thereof. You may read a full description of our
Privacy Policy at http://www.carp.com/privacy.asp
DISCLAIMER OF WARRANTY. CARP.COM PROVIDES THE SERVICE AND THE SITE ON AN "AS IS" BASIS
AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN ANY
COMMUNICATION WITH CARP.COM OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE
SERVICE OR THE SITE. CARP.COM SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. CARP.COM DOES NOT
WARRANT THAT YOUR USE OF THE SERVICE OR THE SITE WILL BE SECURE, UNINTERRUPTED, ALWAYS
AVAILABLE OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE
SERVICE OR THE SITE WILL BE CORRECTED. CARP.COM DISCLAIMS LIABILITY FOR, AND NO WARRANTY
IS MADE WITH RESPECT TO, TELEPHONE OR OTHER SERVICE, INCLUDING COVERAGE, RANGE, OR ANY
INTERRUPTION IN TELEPHONE OR OTHER SERVICE.
LIMITATION OF LIABILITY. IN NO EVENT WILL CARP.COM BE LIABLE (i) TO YOU FOR ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR
SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR THE
SITE, EVEN IF CARP.COM OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (ii) TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANY
CONTRARY PROVISION HEREIN BUT SUBJECT TO THE FOREGOING LIMITATION ON LIABILITY, IN ALL
EVENTS CARP.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM
OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO
CARP.COM FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
In addition, Carp.com disclaims all liability, regardless of the form of action, for the
acts or omissions of other Members or users (including unauthorized users, or "hackers")
of the Service.
Certain jurisdictions limit the applicability of warranty disclaimers and limitations of
liability so the above disclaimers of warranty and limitations of liability may not
apply to you.
We do not exclude any liability for death or personal injury due to our negligence.
COPYRIGHT POLICY. We respect the intellectual property of others, and we ask our Members
to do the same. If you believe that a copy of your work is available on the Service
without your consent or that a copyright infringement has otherwise occurred, please
supply us with the following information:
· A description of the copyrighted work that you claim has been infringed;
· Details of where the infringing material is located on the Site;
· Your address, telephone number and email address;
· A statement by you that you believe in good faith that the use of the work on
the Site is not authorized by the copyright owner or any person entitled to act on their
behalf or by law; and
· An affidavit executed by you that the information you provide concerning the
copyright infringed is accurate and that you are the copyright owner authorized to act
on their behalf.
Please deliver this information to: (Carp.com Ltd. PO Box 8112. Chelmsford, Essex.
CM3 7WB. United Kingdom)
COMPLAINTS. To resolve a complaint regarding the Service or the Site, you should contact
Carp.com Customer Support at support@carp.com
TRADEMARK NOTICES. Carp.com is the trademark of Carp.com. Service marks, company or
product names set forth in this Website are the property of their respective owners.
GENERAL PROVISIONS. This Agreement with you, set out in these Member Terms and
Conditions, is governed by English law and you and we submit to the non-exclusive
jurisdiction of the English Courts in the event of any dispute regarding these Terms or
the Service or the Site or any matter related thereto. This Agreement shall not be
governed by the United Kingdom Convention on Contracts for the International Sale of
Goods, the application of which is hereby expressly excluded.
This Agreement, accepted by you upon registering for the Service, contains the entire
agreement between you and Carp.com regarding the Service and the Site, including the
Carp.com Privacy Policy. In the event of any conflict between
the Privacy Policy and this Agreement, this Agreement shall control. Unless otherwise
explicitly stated, the Terms will survive termination of your membership to the Service.
This agreement shall terminate immediately and without notice if you breach any of the
Terms, subject to the survival of all rights and reservations of Carp.com. If any
provision of this Agreement is held invalid, the remainder of this Agreement shall
continue in full force and effect.
The Member certifies that the Member has read and agrees to be bound by these Carp.com
Member Terms and Conditions.
|