Terms and Conditions for Registered UsersRegistration on this Web Site is subject to these terms and conditions. By ticking the I have read and agree to the terms and conditions for registered users checkbox during the registration process you agree to be bound by these terms and conditions which form a binding contract between you and Peoples Archive Limited (“Peoples Archive”). Terms Relating to Registration1. On registration you must provide Peoples Archive with complete, accurate and truthful information and you must inform Peoples Archive of any changes to that information (for example your e-mail address) by e-mailing [customerservices@peoplesarchive.com], or by using the appropriate self-service forms on the Peoples Archive website. 2. Your registration is personal to you. Each registration is for a single user only. You will choose your password which in combination with your e-mail address (“Your ID”) will be unique to you. You must not permit any other person to share use of Your ID or permit multiple users to access this Web Site using Your ID. 3. You are responsible for all use of this Web Site using Your ID and for preventing unauthorised use of Your ID. If you believe that there has been or will be a potential breach of Your ID security please notify us immediately by e-mailing [customerservices@peoplesarchive.com]. 4. You will be required to provide Your ID to gain access to this Web Site. Usage5. This Agreement shall begin on the date hereof and continue until terminated by either party by notice to the other party (“the Term”). 6. During the Term you may retrieve and display content from this Web Site on a computer screen and print individual pages on paper for your own personal use at your sole risk. 7. You may not use this Web Site to gather information about others including without limitation addresses or Internet addresses of other users of this Web Site. The distribution or commercial exploitation of the content of this Web Site is prohibited. 8. Either party may terminate this Agreement at any time. 9. Peoples Archive reserves the right to suspend or terminate your access and use of this Web Site at any time either with or without notice. Intellectual Property and Content10. Unless otherwise indicated, this Web Site and its contents are the property of Peoples Archive Limited, whose registered office is situated at Middlesex House, 34-42 Cleveland Street, London W1T 4LB. The copyright in the material contained on this Web Site belongs to Peoples Archive or its licensors. The trademarks appearing on this Web Site are protected by the laws of England and international trademark laws. Reproduction of material on this Web Site otherwise than as set out herein is prohibited unless express permission is given by Peoples Archive. 11. Peoples Archive reserves the right to make changes to any part of this Web-Site. 12. THIS WEB SITE AND ITS CONTENT IS PROVIDED FOR USE "AS IS". NEITHER PEOPLES ARCHIVE NOR ANY OF ITS LICENSOR’S MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEB SITE OR ITS CONTENTS, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR PURPOSE RELATING TO THIS WEB SITE AND/OR ITS CONTENT AND/OR ANY WEB SITE TO WHICH IT IS LINKED ARE HEREBY TO THE FULLEST EXTENT PERMITTED BY LAW EXCLUDED. NO REPRESENTATIONS OR WARRANTIES ARE GIVEN AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED ON THIS WEB SITE, OR ANY WEB SITE TO WHICH IT IS LINKED. 13. Neither party excludes or limits liability to the other party for death or personal injury caused by its own negligence or any other liability the exclusion or limitation of which is expressly prohibited by law. 14. Except as provided for in Clause 13 above, the liability of Peoples Archive in respect of any and all claims (whether in contract or in tort) arising out of or in connection with this Agreement is limited in respect of each event or series of connected events to the greater of £50. 15. Except as provided for in clause 13, notwithstanding anything else contained in this agreement in no event shall Peoples Archive be liable to you for: (a) loss of profits, business, revenue, goodwill, anticipated savings; and/or (b) indirect, special or consequential loss or damage. 16. Without prejudice to the generality of this Agreement, Peoples Archive shall not be liable for any claim arising from: (a) any failure or malfunction resulting wholly or to any material extent from your negligence, operator error, use other than in accordance with the instructions contained on the Web Site or any other misuse or abuse of the Web Site; (b) the failure by you to implement recommendations previously advised by Peoples Archive in respect of, or solutions for, faults in the Web Site; or (c) the decompilation or modification of the Web Site or its merger with any other program or any maintenance repair adjustment alteration or enhancement of the Web Site by any person other than Peoples Archive or its authorized agent. (d) you being unable to exercise the rights granted hereunder due to the Web Site being unavailable as a result of any act or omission of Peoples Archive provided that the period for which the Web Site is not available shall not exceed a period of 50 hours (in aggregate) in any continuous period of 1000 hours. 17. Peoples Archive’s failure to perform any term or condition of this Agreement as a result of conditions beyond its control such as, but not limited to, war, strikes, floods, governmental restrictions, power failures, or damage or destruction of any network facilities or services, shall not be deemed a breach of this Agreement. 18. You may not redistribute any of the Content of this Web Site without the prior authorisation of Peoples Archive or create a database in electronic form or manually by downloading and storing any content. 19. You are responsible for the provision of and payment for the computer equipment and telecommunication services necessary for access to the Web Site. Peoples Archive shall not issue credits or refunds against charges incurred by you in relation to such telecommunication services or those incurred contacting Peoples Archive. You accept that Peoples Archive has no control over such telecommunication services and that Peoples Archive shall have no liability to you for the acts or omissions of providers of telecommunication services or for faults in or failures of their apparatus. Advertising20. Certain parts of this Web Site may contain advertising. Peoples Archive is not responsible for the content of any advertising material or any errors or inaccuracy in any advertising or sponsorship, which is the responsibility of the advertiser. Groups and Communities21. Certain parts of this Web Site offer the opportunity for users to post and exchange opinions, information, material and data (“Views”) in “Chat Rooms” or on “Bulletin Boards” in the Groups and Communities areas of the Web Site (“together the Forums”). Peoples Archive does not screen, edit, publish or review Views prior to their appearance on the Forums and Views do not reflect the views or opinions of Peoples Archive, its agents or affiliates. Views reflect the view and opinion of the person who posts such view or opinion on the Forums. To the extent permitted by applicable laws Peoples Archive shall not be responsible or liable for the Views or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Views on this Web Site. 22. Peoples Archive reserves the right to monitor all Views and to remove any Views which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these terms and conditions. 23. You warrant and represent that; (a) You are entitled to post the Views in the “Chat Room” or on the “Bulletin Board” and have all necessary licenses and consents to do so; (b) That the Views do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party; (c) That the Views do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy; (d) That the Views do not contain any contaminating or destructive features or devices such as viruses, time bombs or coding designed to interrupt, destroy or limit the functionality of this Web Site or any of this Web Sites users computer equipment or software; and (e) That the Views will not be used to solicit or promote business or custom or present commercial activities or unlawful activity. 24. You hereby grant to Peoples Archive a non–exclusive royalty free license to use, reproduce, edit and authorise others to use, reproduce and edit any of your Views in any and all forms, formats or media. 25. You hereby agree to indemnify and keep indemnified Peoples Archive, its affiliates, contractors and agents from and against any and all losses (including without limitation direct, indirect and consequential loss), costs, claims, damages or expenses of whatever nature and howsoever caused arising directly or indirectly from any breach of these terms and conditions or arising from the Views posted on this Web Site or content contained in any e-mail sent using the facilities provided by the Web Site by you including without limitation as a result of any infringement of any intellectual property or other proprietary rights, libel, defamation, obscenity or the View being otherwise unlawful. E-mail Services26. Any e-mail that you send using the facilities provided by this Web-Site will be your responsibility. You should not send e-mails to people you do not know or people who would not be pleased to receive them. You are not permitted to send any e-mail which contains content that (a) infringes any intellectual property right, including without limitation copyright, patent or trademark or other proprietary right of any third party; (b) is defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy; (c) is intended to solicit or promote business of customers or present commercial activities or unlawful activity. 27. Peoples Archive shall be under no liability for any failure to deliver any e-mail using the facilities provided by this Web Site to its intended recipient. Peoples Archive does not review e-mails sent using the facilities provided by this Web Site but reserves the right to monitor all such e-mails and to remove or edit any e-mail it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these terms and conditions. General Terms28. You may not assign, sub-license or otherwise transfer any of the rights granted to you hereunder. 29. You confirm that you have read and accept our Privacy Policy. [http://www.peoplesarchive.com/legal/privacypolicy.jsp] 30. Unless the context otherwise requires words denoting the singular shall include the plural and vice versa and words denoting any one gender shall include all genders and words denoting persons shall include bodies corporate unincorporated associations and partnerships. Headings are used for ease of reference and shall not form any part of these terms and conditions for the purposes of construction. 31. If any of the provisions or portions thereof, contained in these terms and conditions are or become invalid under any applicable statute or rule of law, they are to that extent to be omitted and shall be replaced with a valid provisions with the same economic result and all other remaining provisions shall remain in full force and effect. 32. All interpretations of this Agreement shall be made according to the laws of England. |
