| Acceptable Use Policy By accessing this website you are agreeing to the terms and
conditions that appear below.
- By accessing this website you confirm that you abide by any
and all of the following terms and conditions governing the use of this Website. No charge
is made by 5abi.com for your use of this Website.
- You agree to abide by all applicable laws, regulations and
codes of conduct and ensure that any content uploaded or distributed or stored by you does
not infringe the rights of others.
- All material on the Website and any material sent to you by
e-mail or any other form ("the content") belongs to us or our licensors. You may
retrieve and display content from the Website on a computer screen, print individual pages
on paper, photocopy and store such pages in electronic form on disk (but not on any server
or other storage device connected to the network) for your personal, non-commercial use.
We own the copyright and all other intellectual property rights associated with the
content.
- You agree not to adapt, alter or create a derivative work
from any of the material contained in this site or use it for any other purpose other than
for your personal non-commercial use.
- This site and the information, names, images, pictures,
logos and icons regarding or relating to the 5abi.com, its products and services (or to
third party products and services), is provided "as is" and on an "is
available" basis without any representation or endorsement made and without warranty
of any kind whether express or implied, including but not limited to the implied
warranties of satisfactory quality, fitness for a particular purpose, non-infringement,
compatibility, security and accuracy. In no event will 5abi.com be liable for any damages
including, without limitation, indirect or consequential damages, or any damages
whatsoever arising from use or loss of use, data, or profits, whether in action of
contract, negligence or other tortious action, arising out of or in connection with the
use of the site. 5abi.com does not warrant that the functions contained in the material
contained in this site will be uninterrupted or error free, that defects will be
corrected, or that this site or the server that makes it available are free of viruses or
bugs or represents the full functionality, accuracy, reliability of the materials. The
names, images and logos identifying 5abi.com or third parties and their products and
services are proprietary marks of 5abi.com and/or third parties. Nothing contained herein
shall be construed as conferring by implication, estoppel or otherwise any licence or
right under any trade mark or patent of 5abi.com or any other third party
.You agree not to:
- · Impersonate another person or use a false name or a name
you are unauthorised to use or create a false identity or e-mail address or try to mislead
others as to the identity or origin of any communications;
- Modify, access or make available data stored on a computer
device which you have accessed through our network, when either the owner of the data,
computer or device has taken steps to prevent you from doing this or the owner has
expressed a wish that you do not do this;
- Make available or upload files that contain software or
other material, data or information not owned or licensed to you or collect information
about others (eg names/addresses) without their prior consent;
- Damage, interfere with or disrupt access to the Website or
do anything which may interrupt or impair their functionality;
- Save as authorised in these terms, make any commercial or
business use of the Website or resell or commercially benefit from any part or aspect of
the Website;
- Publish, post, distribute, disseminate or otherwise transmit
defamatory, offensive, infringing, obscene, indecent or other unlawful or objectionable
material or information;
- Threaten, harass, stalk, abuse, disrupt or otherwise violate
the rights (including rights of privacy and publicity) of others;
- Make available, upload or distribute by any means any
material or files that contain any viruses, bugs, corrupt data, "trojan horses",
"worms" or any other harmful software;
- Falsify the true ownership of software or other material or
information contained in files made available via the Website;
- Obtain or attempt to obtain unauthorised access, through
whatever means, to the Website, other services or computer systems or areas of our or any
of our partners' networks which are identified as restricted;
- We retain the absolute right to prevent you accessing the
Website, without prejudice to any of our accrued rights, where we in our sole discretion
consider that you are contravening our Acceptable Use Policy or any other aspect of these
terms.
Email Policy
We will not respond unless required to do so by law to any
electronic mail ("e-mail") which contains threatening, abusive, malicious,
pornographic, obscene, defamatory or otherwise illegal or inappropriate material. We
reserve the right to take such action as we in our sole discretion deem fit in respect of
such material.
Unless you indicate to the contrary all e-mails received
will be taken to be submitted, where appropriate, for publication, free of charge. If we
decide to publish an e-mail from you on the Website we will incur no liability to you by
doing so, unless you clearly state that the material contained in your e-mail has been
submitted for the purposes of negotiating a fee for the publication of that material. In
that event you must include your name, address and, if applicable, a contact telephone
number, in your e-mail.
Where you are invited to submit any contribution to this
site (including without limitation any text, graphics, video or audio) you are required by
such submission to grant 5abi.com a perpetual, royalty-free, non-exclusive, sublicenseable
right and license to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, perform, play, and exercise all copyright and publicity rights
with respect to any such work worldwide and/or to incorporate it in other works in any
media now known or later developed for the full term of any rights that may exist in such
content, consistent with privacy restrictions set forth in the 5abi.com Privacy Policy. If
you do not wish to grant such rights to 5abi.com, it is suggested that you do not submit
your contribution to this site. By submitting your contribution to this site, you also:
- Warrant that such contribution is your own original work and
that you have the right to make it available to 5abi.com for all the purposes specified
above;
- Indemnify 5abi.com against all legal fees, damages and other
expenses that may be incurred by 5abi.com as a result of your breach of the above
warranty; and
- Agree to waive any moral rights in your contribution for the
purposes of its submission to and publication on the 5abi.com site and the other purposes
specified above.
If there is any conflict between these Terms and Conditions
and/or specific terms appearing elsewhere on this site relating to specific material then
the latter shall prevail.
If any of these Terms and Conditions should be determined
to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or
country in which these Terms and Conditions are intended to be effective, then to the
extent and within the jurisdiction which that Term or Condition is illegal, invalid or
unenforceable, it shall be severed and deleted from this clause and the remaining terms
and conditions shall survive, remain in full force and effect and continue to be binding
and enforceable.
These Terms and Conditions shall be governed by and
construed in accordance with the laws of England and Wales. Disputes arising here from
shall be exclusively subject to the jurisdiction of the courts of England and Wales.
If these Terms and Conditions are not accepted in full, you
do not have permission to access the contents of this website and therefore should cease
using this website immediately.
We will not disclose any personal information under any
circumstances of any of 5abi.com staff.
Registration
Where the Website requires that you register in order to
use it, you are obliged to provide accurate and complete registration information. It is
your responsibility to update and maintain any changes to that information (including your
e-mail address) by altering your details as appropriate.
Registration is for a single user only. On registration,
you should choose a user name and password. We do not allow any of the following:
- any other person sharing your user name and password;
- access through a single user name and password being made
available to multiple users on a network.
When you register to use the Website, you will be obliged
to click on an icon indicating that you have read, understood and accepted these terms and
conditions. You will not be allowed to register unless you indicate your acceptance of
these terms and any other terms and conditions that may apply.
Liabilities
You agree that we have no control over third party content
and information which can be accessed using the Website and that we do not examine or edit
the use to which you or others put the Website or the nature of the content or information
being accessed and that we are excluded from all liability of any kind arising from such
content or information. You agree that except for death or personal injury arising through
our negligence, we shall not be liable whatsoever for any loss or damage arising from use
of the Website. You furthermore agree to indemnify us in the manner set out below in these
terms in relation to your use in any way of the Website.
We reserve the right to remove any information/material we
deem to be in breach of any of these terms without notice, and without prejudice to any
other accrued rights, and/or to make available such information/material when required to
do so by law or when requested to do so by regulatory bodies or law enforcement
organisations.
We take all such steps as are reasonably necessary to
provide a fast and reliable service, but exclude to the fullest extent permitted by law
any liability for the security of the services on the Website or for any disruption of the
Website however caused, loss of or corruption of any material in transit, or loss of or
corruption of material when downloaded onto any computer systems.
Save unless otherwise stated, we make no warranty
whatsoever as to any goods or services purchased or obtained or offered to you through use
of the Website, whether accessed directly or otherwise.
We provide the Website on an "as is" basis and
make no representations or warranties of any kind as to the Website or the content. We
make no representations or warranties about the accuracy, completeness or suitability for
any purpose of the content published on the Website. Any liability, however it occurs, for
any such inaccuracies or errors is expressly excluded to the fullest extent permitted by
law.
Indemnity
You agree to indemnify and hold us and any of our officers,
employees and agents harmless from and against all and any expenses, losses, liabilities,
damages, costs or expenses of any character incurred or suffered and any claims or legal
proceedings which are brought or threatened, in each case arising from your use of, or
conduct on, the Website and/or a breach of the Acceptable Use Policy and/or any of these
terms.
Software and Security
We are not responsible for any technical or other issues
that may arise if you download software from external third party website (eg Acrobat
Reader) or upgrade your browser software to enhance your usage of the Website.
Changes to these Terms and Conditions
We reserve the right to make changes to any part of the
Website. Due to our policy of updating and improving the Website, it may therefore be
necessary to change these terms.
In the event that we change the terms, we will notify you by providing a clear link within
the relevant Website to the detailed changes. If you use the Website after we have
published or notified you of the changes, you will be agreeing to be bound by those
changes. If you do not agree to be bound by them, you should not use the Website.
Advertising and Sponsorship
The Website may contain advertising and sponsorship.
Advertisers and sponsors are responsible for ensuring that material submitted for
inclusion on the Website complies with applicable laws, codes and regulations. We exclude
to the fullest extent permitted by law any responsibility for any error or inaccuracy
appearing in any advertising or sponsorship material. Please refer to our privacy policy
for the use of cookies in relation to targeting potential advertisers. We reserve the
right to omit an advertisement.
Competitions and Prize Draws
We may from time to time run competitions, free prize draws
and/or other promotions on the Website. These will be subject to additional terms and
conditions that will be made known to you at the relevant time.
Termination
We may terminate the provision of the Website or restrict
your access to them without any prior notice to you where (by way of example and without
limitation): (1) there is a regulatory or statutory change limiting our ability to provide
the Website; (2) any event beyond our reasonable control prevents us from continuing to
provide the Website (for example, without limitation, technical difficulties, capacity
problems and communications failures); or (3) we consider in our sole discretion that you
are abusing the services provided by the Website or are otherwise acting in breach of
these terms.
As this is a shared service with other users, you agree
that if the demand for the services provided by the Website is in excess of our ability to
meet the capacity, we may either share the capacity among all users or we may give you
notice by e-mail that the provision of the Website will terminate. Any such termination
will not affect your accrued liabilities incurred prior to any such termination.
Additional Services
From time to time we may provide games or other content for
your downloading. However, the download time may vary considerably between the types of
content and you agree that you are wholly liable and responsible for any telephone call
and/or other charges incurred in downloading the same. However, we will use our best
endeavours to notify you of the size/amount of the file/data and the likely download time
for your information.
E-commerce
Your dealings with any third parties, in particular
advertisers and/or merchants, through the services provided by the Website and any terms,
conditions, warranties or representations with such third parties are solely between you
and such third party. You agree that we are not liable for such dealings, and you agree to
indemnify us in the manner referred to above in these terms in relation to such dealings.
Choice of law and Jurisdiction
These terms shall be governed by and interpreted in
accordance with English law and you irrevocably agree that the courts of England and Wales
shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute
which may arise out of, under, or in connection with these terms.
For our exclusive benefit, we shall retain the right to
bring proceedings as to the substance of the matter in the courts of your country of
residence or, where these terms are entered into in the course of your trade or
profession, the country of your principal place of business.
General
You may not assign, sub-license or otherwise transfer any
of your rights under these terms. If any part of these terms and conditions is found to be
invalid by any court having competent jurisdiction the validity of the remaining terms
will be unaffected. If either party does not exercise any right or remedy under these
terms, this will not be taken to mean that they have been waived.
Contact
If you have any queries concerning any part of these terms
and the privacy and e-mail policies contained in them, please contact us at info@5abi.com.
Data Protection
5abi.com will only use any personal data collected during
your use of this website in accordance with current UK data protection legislation. Please
look at our Privacy Policy to find out what we propose to do with your data and your
options. |
