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(Last modified on November 11, 2006)
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE AND/OR OUR SUBSCRIPTION BASED PRODUCTS CAREFULLY.
By using this Website and/or one of our online subscription-based products or offerings (collectively, the "Subscription Products") you agree to the terms and conditions set forth in this Agreement (this "Agreement"). We reserve the right, in our sole discretion, to change, modify, add or remove provisions to and from this Agreement in accordance with paragraph 2 of this Agreement. You should check this Agreement periodically for changes.
By using the Website and/or one of the Subscription Products after such changes have taken effect in accordance with paragraph 2 of this Agreement, you agree to accept those changes whether or not you have reviewed them. If you do not agree to this Agreement, you should not use the Website and/or the Subscription Products and you should arrange to cancel your subscription with us, as applicable, by notifying Customer Support in writing in accordance with the provisions of this Agreement.
1. Scope of Agreement
Unless we indicate otherwise, this Agreement applies to your use of the websites which are owned or operated by Social Designs Limited (the "Company") and our Affiliates (collectively, "we", "us" or "our"), including, without limitation, this website and any other website that we may own or operate currently or in the future (collectively, the "Website"), and all of the Subsciption Products that are offered to you through the Website by the Company currently or in the future. For purposes of this Agreement, "Affiliates" shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with the Company.
2. Your Use of the Website
By using this Website, you agree to be legally bound and to abide by these Terms & Conditions, just as if you had signed this Agreement. If you do not comply with these Terms & Conditions at any time, we reserve the right, if applicable, to terminate your user account, and/or access to this Website (or any part thereof).
In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website or Subscription Products, including, but not limited to, (i) restricting the time the Website and/or any Subscription Products are available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Website and/or Subscription Products. You agree that any termination or cancellation of your access to, or use of, the Website or Subscription Products may be effected without prior notice. If you do not abide by the provisions of this Agreement, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our Website and/or Subscription Products. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Websites and/or Subscription Products.
We reserve the right to change this Agreement from time to time, including without limitation, changing any charges and/or fees payable in respect of any Subscription Products. We will notify you of changes to this Agreement by our posting of changes to this Agreement on the Website located at www.WeighIn.net. Any new or revised version of this Agreement will take effect, and will govern all use of the Website and any of the Subscription Products you have purchased, commencing on the date of posting of such Agreement on the Website (or such later date as we indicate in the posting).
If you do not agree to the terms of any new or revised Agreement then you should notify us in writing (by email or by post) and from the date when the new version takes effect, you must cease to use the Website and any Subscription Products you have purchased and should seek a refund in respect of the fees or charges pre-paid by you for any complete unexpired periods of any Subscription Products. Refunds shall be made in accordance with paragraph 6 of this Agreement.
You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation made by us pursuant to this provision or this Agreement, or any policies or practices by us in providing of the Website and/or the Subscription Products, including, without limitation, any change in content or any change in the amount or type of fees or charges associated with Subscription Products, is to cancel or terminate your subscription, as applicable, in accordance with paragraphs 6 and/or 10 of this Agreement.
From time to time, we may supplement this Agreement with additional terms and conditions pertaining to specific content, activities, features, promotions or events ("Additional Terms"). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features, promotions or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into this Agreement.
3. Restrictions on Use of Materials
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Website and the material provided hereon for your personal, non-commercial use, provided that you comply fully with the provisions of these Terms & Conditions. You acknowledge that this Website contains information, photos, text, graphics, articles and other materials (collectively, "Content") that are protected by copyrights, data base rights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under applicable copyright laws, including United Kingdom, Irish and European Union copyright laws (and, if applicable, similar laws in other jurisdictions). All trademarks appearing on this Website are trademarks of their respective owners. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on this Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
4. Your Use of Our Subsciption Products
Unless otherwise specified, we also grant you a non-exclusive, non-transferable, limited right to access, use and display the material provided by any Subscription Products that you have purchased for your personal, non-commercial use, provided that you comply fully with the provisions of this Agreement.
You agree not to assign, transfer or sublicense your rights as a subscriber to the Website and/or the Company's Subscription Products.
You understand that only you may use your user account and password, and that any Subcription Products you have purchased are only valid for your own personal, non-commercial use and may not be shared with others. You agree to be financially responsible for all fees and charges in respect of usage or activity of our Subscription Products purchased by you.
5. Charges and Fees for Subscription Products
Certain portions, components, content and features of the Website are only available to individuals who purchase one of the Subscription Products.
As a subscriber to one of the Subscription Products, you agree to the following conditions:-
a) You agree to pay all fixed and periodic charges and fees set forth on the Website, applicable taxes, and other charges and fees incurred in order to access the Subscription Products.
As stated in paragraph 2 of this Agreement, we reserve the right to increase charges and fees, or to introduce new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the Website hosted at www.WeighIn.net or such other means as we may deem appropriate from time to time (including email or post).
If you have purchased any Subscription Products, any applicable fee will automatically be charged at the start of the payment plan billing period and at the start of each renewal period, unless you terminate or cancel your subscription in accordance with paragraph 6 of this Agreement before the relevant renewal period begins.
In the event we cannot take payment, the Company reserves the right to immediately terminate your access to the Subscription Products.
b) In addition to the fees and charges set forth above, you are responsible for all charges and fees associated with connecting to the Website and Subscription Products, including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access the Subscription Products.
c) For purposes of your use of the Subscription Products including identification and billing, you agree to provide us with true, accurate and complete information as required by the purchase of any Subscription Products ("User Data"), including your legal name, address, email address and applicable billing information, and to allow us to share your User Data with third parties for the purpose of verifying the information you provide and charging your account and for other purposes in accordance with our Privacy Policy (see paragraph 8 below).
You agree to maintain and promptly update the User Data to keep it accurate and current.
Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of the Website (or any portion thereof) or any of the Subscription Products.
You are required to check regularly the "My Details" section of the Website to determine whether your User Data is current and accurate, and, if such data is not current and/or accurate you are required to promptly correct or update your User Data.
d) You are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password or payment information.
In the event of a breach of security by you, you are responsible and will remain liable for any unauthorized use of any Subscription Products for which you have subscribed and/or use of those areas of the Website that may be accessed by any users until forty eight (48) hours after you have notified Customer Support in writing of such breach of security. You are entirely responsible for any and all activities that occur through your user account and are responsible for paying any amounts billed to your credit card by a third party which were not authorized by you.
e) In the event that we terminate or cancel your subscription to one of our Subscription Products prior to the end of the applicable period of this Agreement due to: (i) your failure to satisfy any of our criteria and/or limitations based on demographic, geographic, health or other similar criteria for use of the Website and/or the Subscription Products; and/or (ii) any other breach of the terms and conditions of this Agreement by you; you agree that all fees and charges in respect of the relevant Subscription Products are non-refundable.
f) Except (i) for multiple period payment plans, (ii) for your failure to satisfy limitations the Company sets based on demographic, geographic, health or other similar criteria, or (iii) if the Company terminates your subscription to one of our Subscription Products prior to the end of the applicable period, you agree that (subject to any of your statutory rights) all fees and charges assessed by the Company are non-refundable. Non-refundable fees include the full Monthly Fee for any month (or portion thereof) elapsed (regardless of whether you logged onto the Website or used the Subscription Product during that month).
If you subscribe to a multiple period payment plan (e.g., a 3, 6 or 12 month payment plan) and you decide to cancel during such payment period, the Company will refund you the difference, if any, between the amount you paid and the amount you would have incurred if you were subject to the standard monthly pricing in effect during such time and not subject to any special pricing offered through any multiple period payment plan.
If your cancellation of any of the Subscription Products is due to your failure to satisfy limitations the Company sets based on demographic, geographic, health or other similar criteria prior to the end of a period for which you have incurred a charge, the Company will refund any unused portion of such period in accordance with the refund policy the Company has in effect at such time.
If the Company cancels or terminates your subscription to one of the Subscription Products (as opposed to you canceling your subscription) prior to the end of a period for which you have incurred a charge, the Company will refund any unused portion of such period on a pro rata basis.
6. Termination or Cancellation of Subscription
Either you or the Company may terminate or cancel your subscription to the Subscription Products at any time. You understand and agree that (subject to any of your statutory rights) the cancellation or termination of your subscription is your sole right and remedy with respect to any dispute with us including, without limitation, any dispute related to, or arising out of: (i) any terms and conditions of this Agreement or our enforcement or application of this Agreement; (ii) any of our practices or policies, including our Terms & Conditions and Privacy Policy, or our enforcement or application of these policies; (iii) the content available through the Website or any change in content provided through the Website or our Subscription Products; (iv) your ability to access and/or use the Website or any Subscription Product; or (v) the amount or types of our fees or charges, surcharges, applicable taxes, or billing methods, or any change to our fees or charges, applicable taxes, or billing methods. Upon cancellation or termination of your subscription to our Subscription Products, we may immediately deactivate your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, the Website (or part thereof) and/or our Subscription Products, except as we may otherwise provide from time to time.
You can cancel your subscription to one of the Subscription Products by notice in writing (email or post) to Customer Support.
Your cancellation or termination will take effect within forty eight (48) hours after receipt by Customer Support of your cancellation notice.
We will attempt to process all cancellation requests within forty eight (48) hours after we receive your request.
If you cancel near the end of your billing period and are inadvertently charged for the next period's fee, contact Customer Support to obtain a refund, if you use the Subscription Products during that next period, you will not be entitled to a refund. The Company reserves the right to collect fees, surcharges, or costs incurred before your cancellation takes effect.
7. Availability of Website and Subscription Products
The availability and use of the Website and/or any Subscription Products may be limited based on demographic, geographic, health or other criteria as the Company may establish from time to time. You understand and agree that the Company may disallow you from subscribing to the Subscription Products or may terminate your subscription to the Subscription Products at any time based on these criteria.
8. Privacy and Security
We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy, which is incorporated into this Agreement by this reference. By using the Website and/or the Subscription Products, your consent to your personal data being used and processed in accordance with our Privacy Policy.
9. Health Disclaimer
The Website and Subscription Products provide weight management and information tools and content published over the Internet and are intended only to assist users in achieving their personal weight goals.
We are not a medical organization and we cannot give you medical advice or diagnosis. Nothing contained in the Website or any Subscription Products should be construed as mediacl advice or diagnosis.
The information generated by us should not be interpreted as a substitute for doctor or specialist consultation, evaluation, or treatment.
You are advised to seek the advice of a doctor before beginning any weight loss/gain programme.
The Website and the Subscription Products are intended for use only by healthy adult individuals.
The Website and Subscription Products are not intended for use by minors, pregnant women, or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight loss/gain programme.
10. Community Standards and Conduct Guidelines
You acknowledge that all Content and all information, photos, text, graphics, messages, articles and other materials posted, emailed, or otherwise transmitted to or on the Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to the Website. We do not control the Postings posted, emailed or otherwise transmitted on the Website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of the Website (as described below), you understand that by using the Website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us or our Affiliates), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through the Website.
You agree not to use the Website to:
a. Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
b. Harm minors in any way;
c. Impersonate any person or entity, including, but not limited to, a director, officer, employee, shareholder, agent or representative of the Company, our Affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with the Company, our Affiliates or any other person or entity;
d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through the Website;
e. Upload, post, email or otherwise transmit any Postings or other materials that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
g. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation except in the areas, if any that are specifically designated for such purpose;
h. Upload, post, email or otherwise transmit any Postings or other materials that contain 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;
i. Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
j. Intentionally or unintentionally violate any applicable laws and/or regulations;
k. "Stalk" or otherwise harass another user of the Website and/or any employee of the Company; and/or
Your privilege to use the Website depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of the Website and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention.
11. Submissions
If, at our request or on your own, you send, email, post or otherwise transmit to us or the Website information, photos, images, text, graphics, messages, comments, articles, stories about yourself, or other materials (collectively, the "Submissions"). Except as provided in our Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.
Without limitation of the foregoing, you grant us and our successors and assigns a royalty-free, perpetual, irrevocable, transferable and sub-licensable, non-exclusive right (including any moral rights) and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the "Rights") that may exist in such Submissions. You also warrant that: (i) you own or otherwise control all of the rights in or to your Submissions including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions; (ii) any third party holder of any Rights, including moral rights in such Submissions, has validly and irrevocably granted to you the right to grant the license stated above; and (iii) that each person depicted in any images, photos and/or videos contained in your Submission (if any) has consented to the use of such images, photos and/or videos in accordance with the above licence. You further acknowledge that us and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any third party holder of Rights therein.
12. Age Restrictions
The Website and the Subscription Products are only for use by persons aged eighteen (18) years and over. INDIVIDUALS UNDER THE AGE OF EIGHTEEN (18) ARE NOT PERMITTED TO USE THE WEBSITE OR SUBSCRIPTION PRODUCTS.
13. Links
This Agreement applies only to the Website, and not to the websites of any other person or entity. Although we may provide, or third parties may provide, links to other worldwide websites or resources You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website's administrator or webmaster.
14. Third Party Products and Services
You may order services, merchandise or other products through the Website from other parties (collectively, the "Third Party Sellers"). All matters concerning the services, merchandise and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
15. Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE PRODUCTS, OFFERING, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, ANY SUBSCRIPTION PRODUCTS) ON THE WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY OR ACCURACY.
NEITHER US, NOR ANY OF OUR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THE WEBSITE, THE FEE-BASED PRODUCTS OR ANY FUNCTION CONTAINED IN THE WEBSITE OR THE FEE-BASED PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, THE SUBSCRIPTION PRODUCTS OR THE SERVERS THAT MAKE THE WEBSITE AND THE SUBSCRIPTION PRODUCTS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY PRODUCT, OFFERING, CONTENT AND MATERIAL (INCLUDING, WITHOUT LIMITATION, THE SUBSCRIPTION PRODUCTS) DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL (INCLUDING, WITHOUT LIMITATION, THE SUBSCRIPTION PRODUCTS).
NEITHER US NOR ANY OF OUR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, THE SUBSCRIPTION PRODUCTS) IN THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
THESE DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
16. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT (TO THE FULLEST EXTENT PERMITTED BY LAW) WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS); (B) THE USE OF ANY CONTENT OR OTHER MATERIALS (INCLUDING, WITHOUT LIMITATION, THE SUBSCRIPTION PRODUCTS) ON THE WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THE WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE SUBSCRIPTION PRODUCTS); (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE SUBSCRIPTION PRODUCTS); (F) EVENT REASONABLY BEYOND OUR CONTROL; AND/OR (G) ANY OTHER MATTER RELATING TO THE WEBSITE. SAVE IN RESPECT OF PERSONAL INJURY OR DEATH DUE TO THE NEGLIGENCE OF THE COMPANY, IN NO EVENT SHALL THE TOTAL LIABILITY OF US TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE AND/OR USING ANY SUBSCRIPTION PRODUCTS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF PROVISION OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR
USE OF THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE SUBSCRIPTION PRODUCTS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF USE OF SUCH FEE-BASED GOODS AND TERMINATION/CANCELLATION OF YOUR SUBSCRIPTION IN RESPECT THEREOF.
17. Indemnification
You agree to indemnify, hold harmless and, at our option, defend us, our officers, directors, employees, shareholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) (together, the "Damages") arising from your improper use of the Website or offerings (including, without limitation, the Fee-Based Products), your violation of this Agreement, or your infringement, or the infringement or use by any other user of your account or the Fee-Based Products for which you have subscribed, of any intellectual property or other right of any person or entity.
18. Governing Law and Choice of Forum
This Agreement shall be governed by and construed in accordance with the laws of England and Wales, without giving effect to any principles of conflict of law. You agree that any action at law or in equity arising out of or relating to your use of the Website (including, without limitation, the Subscription Products) or this Agreement shall be filed only in the High Court (England) and you hereby consent and submit to the personal jurisdiction of such court for the purpose of litigating any such action.
19. Miscellaneous Terms
In any action against us arising from the use of the Website (including, without limitation, the Subscription Products), the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement, together with our Privacy Policy and the Terms & Conditions (if applicable), are the entire agreement between you and us relating to the subject matter herein. In the event of any conflict between this Agreement and the Terms & Conditions, this Agreement shall control. This Agreement may be modified only by our posting of changes to this Agreement on the Website in accordance with paragraph 2 hereof, or by written agreement of both parties. Each time you access the Website, you will be deemed to have accepted any such changes.
We may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
We shall not be responsible for lack of availability of the Website and/or the Subscription Products for which you have subscribed and/or any other failures to perform in a timely manner due to events beyond our reasonable control including, without limitation, Acts of God or public enemies, civil war, insurrection or riot, fire, flood, explosion, earthquake, serious accident, failure of the Internet, strike, labour trouble or work interruption or any other cause beyond the reasonable control of the Company. In such circumstances the time for performance by us shall be extended for the duration of such events to the extent possible.
Unless specifically provided for in this Agreement, no third party shall have any rights hereunder.
20. How to contact us
The Website is operated by, and the Subscription Products are provided by, Social Designs Limited. Social Designs Limited is a company incorporated in England and Wales (Company Registration No.: 05934182) and its registered office is at:
Social Designs Limited.
21 Pearmain Road,
Street,
Somserset.
BA16 0QH
United Kingdom
If you have any questions or concerns you may contact Social Designs Limited by using the contact form provided on this website, by post at the aforesaid address or by emailing admin@socialdesigns.co.uk.
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