1. All reference to SpiritConex.co.uk refer to the SpiritConex.co.uk web site and all web sites and entities controlled by or under the control of SpiritConex.co.uk including all persons employed either directly or indirectly through SpiritConex.co.uk.
2. By using this web site, you are agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any individual SpiritConex.co.uk Network web site, Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.
3. Use of this web site is subject to compliance with these Terms and Conditions. You acknowledge and agree that SpiritConex.co.uk may terminate your access to the SpiritConex.co.uk Network or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by SpiritConex.co.uk. Any such termination shall be in SpiritConex.co.uk' sole discretion and may occur without prior notice, or any notice. SpiritConex.co.uk further reserves the right to terminate any user's access to the SpiritConex.co.uk Network or to any of the Products and Services for any conduct that SpiritConex.co.uk, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to SpiritConex.co.uk or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. SpiritConex.co.uk further reserves the right to terminate any user's access to the SpiritConex.co.uk Network or to any of the Products and Services for any reason or for no reason at all, in SpiritConex.co.uk' sole discretion, without prior notice, or any notice.
4. In order to use the Products and Services, users must have access to the World Wide Web and must navigate the Internet to http://www.SpiritConex.co.uk/ or another of the URLs associated with the SpiritConex.co.uk Network.
5. SpiritConex.co.uk does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
6. Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SpiritConex.co.uk has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SpiritConex.co.uk has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.
8. In cases where you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor.
9. Upon registering, you will receive a password and SpiritConex.co.uk Login ID. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify SpiritConex.co.uk of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The SpiritConex.co.uk Network cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
10. You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not the SpiritConex.co.uk Network, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. The SpiritConex.co.uk Network does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and Agree that by using the Products and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the SpiritConex.co.uk Network be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. As a general matter, SpiritConex.co.uk does not pre-screen user or third party Content posted on the SpiritConex.co.uk Network, except for certain areas where SpiritConex.co.uk employs certain automated screening software, although SpiritConex.co.uk reserves the right to do so. SpiritConex.co.uk does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. SpiritConex.co.uk reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by SpiritConex.co.uk.
11. The Products and Services may only be used for the intended purpose for which such Products and Services are being made available. The intended purpose of site building software on the SpiritConex.co.uk Network is to maintain, publish and produce web sites on the SpiritConex.co.uk Network that are consistent with these terms and conditions.
12. ?You agree that you will not use SpiritConex.co.uk Network Products and Services to:
1. Upload, post, email, otherwise transmit, or post links to any Content,
or select any member or user name or email address, that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic,
libelous, invasive of privacy or publicity rights, hateful, or racially, sexually,
ethnically or otherwise objectionable.
2. Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
3. Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
4. Harm minors in any other way.
5. Make any sexual request on behalf of a minor or make any sexual request of a minor.
6. "Stalk" or otherwise harass another.
7. Collect or store personally identifying information about other users for commercial or unlawful purposes.
8. Impersonate any person or entity, including, but not limited to, a SpiritConex.co.uk Network official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
9. Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services.
10. Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
11. Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
12. Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
1. Making available copyrighted software or other Content that has had the
copyright protection removed.
2. Making available serial numbers for software that can be used to illegally validate or register software.
3. Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content.
4. Making available any software files for which the user does not own the copyright or have the legal right to make available.
13. Upload, post, email, otherwise transmit, or post links to any unsolicited
or unauthorized advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of
solicitation, except in those areas that are designated for such purpose.
14. Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Products and Services or the SpiritConex.co.uk Network.
15. Use automated means, including additional computers, software and scripts, to enhance play in SpiritConex.co.uk Network games and promotions.
16. Use automated means, including spiders, robots, crawlers, or the like to download data from any SpiritConex.co.uk Network database.
17. Conduct your own contests and promotions.
18. Upload, post, email, otherwise transmit, or post links to any Content regarding any raffle, contest or game requiring a fee by participants.
19. Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any SpiritConex.co.uk database, including, without limitation, by incorporating data from any SpiritConex.co.uk database into any e-mail or "white pages" products or serviced, whether browser-based, based on proprietary client-site applications, web-based, or otherwise.
20. Sell, distribute, or make any commercial use of data obtained from any SpiritConex.co.uk database or make any other use of data from any SpiritConex.co.uk database in a manner which could be expected to offend the person for whom the data is relevant.
21. Create and maintain a SpiritConex.co.uk Network web page (including, but not limited to, a SpiritConex.co.uk Club or an Angelfire or Tripod home page) that (i) redirects to another web page or (ii) stores or hosts content for remote loading by other web pages. For example, you cannot create a SpiritConex.co.uk Club, post pictures to the SpiritConex.co.uk Club, and have other web pages call the SpiritConex.co.uk Club page to retrieve those pictures.
22. Create and maintain a SpiritConex.co.uk Network web page that contains hyperlinks to content not permitted on the SpiritConex.co.uk Network.
23. Disrupt the normal flow of dialogue in a chat room, cause a screen to "scroll" faster than other users of the Products and Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
24. Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services, including without limitation SpiritConex.co.uk Network Chat hosts.
25. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
26. Use the Products or Services to sell, purchase, or offer to sell or purchase any registered or unregistered securities.
27. Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
28. Disobey any SpiritConex.co.uk Chat hosts or other SpiritConex.co.uk employee or representative or interfere with any action by any SpiritConex.co.uk Chat host or other SpiritConex.co.uk employee or representative to redress any violation of these Terms and Conditions.
29. Access the Products and Services after your account or access has been terminated by SpiritConex.co.uk.
30. Fail to complete any transaction after submitting an order to purchase any goods or services from individual Merchants in SpiritConex.co.uk Shop or from any seller in SpiritConex.co.uk Auctions, subject to the individual Merchant's or seller's terms and conditions governing such transactions.
31. Submit any order to purchase goods or services from individual Merchants in SpiritConex.co.uk Shop or from any seller in SpiritConex.co.uk Auctions where you do not intend to complete the transaction.
32. Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the user's alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services.
33. Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of SpiritConex.co.uk or the party from whom such software may be licensed.
34. Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Products and Services.
35. Engage in manipulative bidding through SpiritConex.co.uk Auctions, such as by making bids solely for the purpose of instigating other bidders to withdraw bids and then retracting your bid to bid at a lower price or by using multiple accounts to drive up bidding on items you are offering for sale.
36. Advertise, offer for sale, or sell any item you are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law.
37. Upload, post, email, otherwise transmit, or post links to any material, or act in any manner, that is offensive to the SpiritConex.co.uk Network community or the spirit of these Terms and Conditions.
38. Advertise, offer for sale, or sell any of the following items:
13. You acknowledge and agree that the SpiritConex.co.uk Network and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation SpiritConex.co.uk and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by SpiritConex.co.uk, in its sole discretion. SpiritConex.co.uk may also terminate access to, or membership in, the SpiritConex.co.uk Network, or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of the SpiritConex.co.uk Network, including without limitation information in Chat, Message Boards, Clubs, and in all other parts of the SpiritConex.co.uk Network Products and Services.
14. You expressly acknowledge and agree that the SpiritConex.co.uk Network may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of SpiritConex.co.uk, its users and the public. You acknowledge and agree that the technical processing and transmission of the Products and Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
15. SpiritConex.co.uk also may suspend or terminate any user account for any Product or Service because of user inactivity. For example, a SpiritConex.co.uk Mail account may be terminated or suspended if a user fails to sign-in to the SpiritConex.co.uk Mail Service for an extended period of time; please see the SpiritConex.co.uk Mail Help section for more information regarding SpiritConex.co.uk Mail 's policies concerning account termination. What is considered "user inactivity" varies depending on the Product or Service. If one of your accounts is suspended or terminated for inactivity, your right to use such Product or Service immediately ceases.
16. With respect to any Content posted by or in connection with the Products and Services, you grant SpiritConex.co.uk a world-wide, royalty free, perpetual, license to use, copy, transmit, publicly display, publicly perform, create compilations including, create derivative works of, and distribute such Content to publish and promote such Content in connection with the particular Products and Services and to publish and promote such Content elsewhere within the SpiritConex.co.uk Network. Such license shall apply with respect to any form, media, or technology now known or later developed.
17. By using the SpiritConex.co.uk web site you agree to not to instigate any legal actions towards SpiritConex.co.uk or if any legal action has been commenced to terminate that legal action. If you are a party to or are involved in any way with any legal action against SpiritConex.co.uk, including acting as legal counsel or representative, use of this website constitutes agreement to indemnify SpiritConex.co.uk against that action in full.
18. The products and services are provided "as is," with no warranties whatsoever. All express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, SpiritConex.co.uk disclaims any warranties for the security, reliability, timeliness, and performance of the products and services. To the fullest extent permitted by law, SpiritConex.co.uk disclaims any warranties for other services or goods received through or advertised on the products and services or received through any links provided in the products and services, as well as for any information or advice received through the products and services or through any links provided in the products and services. SpiritConex.co.uk similarly disclaims, to the fullest extent permitted by law, any warranties for any information or advice obtained through the products and services.
19. You expressly understand and agree that SpiritConex.co.uk disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material in the products and services. SpiritConex.co.uk disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. SpiritConex.co.uk disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material through the products and services, including, without limitation, for harm caused by viruses or similar contamination or destructive features. SpiritConex.co.uk makes no warranty regarding the reliability or accessibility of member web pages or any storage facilities offered by SpiritConex.co.uk.
20. You understand and agree that any material downloaded or otherwise obtained through the use of the products and services is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results in the download of such material.
21. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
22. You expressly understand and agree that under no circumstances shall SpiritConex.co.uk or its licensors be liable to any user on account of that user's use or misuse of and reliance on the products and services. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages (even if SpiritConex.co.uk or its licensors have been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the products and services, from inability to use the products and services, or from the interruption, suspension, or termination of the products and services (including such damages incurred by third parties).
23. Such limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the products and services or received through any links provided in the products and services, as well as by reason of any information or advice received through or advertised on the products and services or received through any links provided in the products and services. Such limitation shall apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall apply with respect to the performance or non-performance of the products and services or any information or merchandise that appears on, or is linked or related in any way to, the SpiritConex.co.uk network. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy. Such limitation shall apply to the fullest extent permitted by law.
24. Such limitation of liability shall also apply to any damage caused by loss of access to, deletion of, failure to store, failure to back up, or alteration of member web pages or other content stored throught the SpiritConex.co.uk network. With respect to premium tripod members, SpiritConex.co.uk' and tripod, inc.'s entire liability, if any, shall not exceed the amount of the premium member's most recent membership fee payment. For all claims relating to quote.com's performance or nonperformance under these terms and conditions, whether in contract, tort, strict liability, or otherwise, including without limitation, claims for failure of the system to operate, in no event shall the liability of quote.com, inc. Or SpiritConex.co.uk, whether arising in contract, tort, strict liability, or otherwise, exceed the fee, if any paid by the user for the system.
25. Under no circumstances shall SpiritConex.co.uk or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
26. By using the SpiritConex.co.uk web site through registering thereon or
contacting any third party through the web site, or writing your email address
in any field or location on the web site you agree to receive emails relating
to products and services that are offered, system information, web site updates
or any other matter that is deemed relevant by SpiritConex.co.uk. If at any
time you wish to stop receiving emails you may send an email to unsubscribe@SpiritConex.co.uk
and you accept that this may also result in the termination of all services
offered by SpiritConex.co.uk.