Terms & Conditions
Last updated 2021
AGREEMENT TO TERMS
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and [NH TRADING NW LTD (Trading As VenoScorp)] (“we,” “us” or “our”), concerning youraccess to and use of the www.veno-scorp.co.uk] website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Termsand Conditions. If you do not agree with all of these Terms and Conditions,then you are expressly prohibited from using the Site and you must discontinueuse immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to time arehereby expressly incorporated herein by reference. We reserve the right, in oursole discretion, to make changes or modifications to these Terms and Conditionsat any time and for any reason.
We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. Youwill be subject to, and will be deemed to have been made aware of and to haveaccepted, the changes in any revised Terms and Conditions by your continued useof the Site after the date such revised Terms and Conditions are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity inany jurisdiction or country where such distribution or use would be contrary tolaw or regulation or which would subject us to any registration requirementwithin such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and tothe extent local laws are applicable.
The Site is intended forusers who are at least 13 years of age.] All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Termsand Conditions prior to you using the Site.
Unless otherwise indicated ,the Site is our proprietary property and all source code, databases,functionality, software, website designs, audio, video, text, photographs, andgraphics on the Site (collectively, the “Content”) and the trademarks, servicemarks, and logos contained therein (the “Marks”) are owned or controlled by usor licensed to us, and are protected by copyright and trademark laws andvarious other intellectual property rights and unfair competition laws of theUnited States, foreign jurisdictions, and international conventions.
The Content and the Marks areprovided on the Site “AS IS” for your information and personal use only. Exceptas expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded,posted, publicly displayed, encoded, translated, transmitted, distributed,sold, licensed, or otherwise exploited for any commercial purpose whatsoever,without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and usethe Site and to download or print a copy of any portion of the Content to whichyou have properly gained access solely for your personal, non-commercial use.We reserve all rights not expressly granted to you in and to the Site, theContent and the Marks.
By using the Site, you represent and warrant that:
[(1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy ofsuch information and promptly update such registration information asnecessary;]
(3) you have the legalcapacity and you agree to comply with these Terms and Conditions;
[(4) you are not under theage of 13;]
(5) not a minor in thejurisdiction in which you reside[, or if a minor, you have received parentalpermission to use the Site];
(6) you will not access theSite through automated or non-human means, whether through a bot, script, orotherwise;
(7) you will not use the Sitefor any illegal or unauthorized purpose;
(8) your use of the Site willnot violate any applicable law or regulation.
If you provide anyinformation that is untrue, inaccurate, not current, or incomplete, we have theright to suspend or terminate your account and refuse any and all current orfuture use of the Site (or any portion thereof).
You may be required toregister with the Site. You agree to keep your password confidential and willbe responsible for all use of your account and password. We reserve the rightto remove, reclaim, or change a username you select if we determine, in oursole discretion, that such username is inappropriate, obscene, or otherwiseobjectionable.
You may not access or use theSite for any purpose other than that for which we make the Site available. TheSite may not be used in connection with any commercial endeavors except thosethat are specifically endorsed or approved by us.
As a user of the Site, youagree not to:
1. systematically retrieve data or other contentfrom the Site to create or compile, directly or indirectly, a collection,compilation, database, or directory without written permission from us.
2. make any unauthorized use of the Site, includingcollecting usernames and/or email addresses of users by electronic or othermeans for the purpose of sending unsolicited email, or creating user accountsby automated means or under false pretenses.
3. use a buying agent or purchasing agent to make purchaseson the Site.
4. use the Site to advertise or offer to sell goodsand services.
5. circumvent, disable, or otherwise interfere withsecurity-related features of the Site, including features that prevent orrestrict the use or copying of any Content or enforce limitations on the use ofthe Site and/or the Content contained therein.
6. engage in unauthorized framing of or linking tothe Site.
7. trick, defraud, or mislead us and other users,especially in any attempt to learn sensitive account information such as userpasswords;
8. make improper use of our support services orsubmit false reports of abuse or misconduct.
9. engage in any automated use of the system, suchas using scripts to send comments or messages, or using any data mining,robots, or similar data gathering and extraction tools.
10. interfere with, disrupt, or create an undueburden on the Site or the networks or services connected to the Site.
11. attempt to impersonate another user or person oruse the username of another user.
12. sell or otherwise transfer your profile.
13. use any information obtained from the Site inorder to harass, abuse, or harm another person.
14. use the Site as part of any effort to competewith us or otherwise use the Site and/or the Content for any revenue-generatingendeavor or commercial enterprise.
15. decipher, decompile, disassemble, or reverseengineer any of the software comprising or in any way making up a part of theSite.
16. attempt to bypass any measures of the Sitedesigned to prevent or restrict access to the Site, or any portion of the Site.
17. harass, annoy, intimidate, or threaten any ofour employees or agents engaged in providing any portion of the Site to you.
18. delete the copyright or other proprietary rightsnotice from any Content.
20. upload or transmit (or attempt to upload or totransmit) viruses, Trojan horses, or other material, including excessive use ofcapital letters and spamming (continuous posting of repetitive text), thatinterferes with any party’s uninterrupted use and enjoyment of the Site ormodifies, impairs, disrupts, alters, or interferes with the use, features,functions, operation, or maintenance of the Site.
21. upload or transmit (or attempt to upload or totransmit) any material that acts as a passive or active information collectionor transmission mechanism, including without limitation, clear graphicsinterchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similardevices (sometimes referred to as “spyware” or “passive collection mechanisms”or “pcms”).
22. except as may be the result of standard searchengine or Internet browser usage, use, launch, develop, or distribute anyautomated system, including without limitation, any spider, robot, cheatutility, scraper, or offline reader that accesses the Site, or using orlaunching any unauthorized script or other software.
23. disparage, tarnish, or otherwise harm, in ouropinion, us and/or the Site.
24. use the Site in a manner inconsistent with anyapplicable laws or regulations.
USER GENERATED CONTRIBUTIONS
The Site may invite you tochat, contribute to, or participate in blogs, message boards, online forums,and other functionality, and may provide you with the opportunity to create,submit, post, display, transmit, perform, publish, distribute, or broadcastcontent and materials to us or on the Site, including but not limited to text,writings, video, audio, photographs, graphics, comments, suggestions, orpersonal information or other material (collectively,"Contributions").
Contributions may be viewableby other users of the Site and through third-party websites. As such, anyContributions you transmit may be treated as non-confidential andnon-proprietary. When you create or make available any Contributions, youthereby represent and warrant that:
1. the creation, distribution, transmission, publicdisplay, or performance, and the accessing, downloading, or copying of yourContributions do not and will not infringe the proprietary rights, includingbut not limited to the copyright, patent, trademark, trade secret, or moralrights of any third party.
2. you are the creator and owner of or have thenecessary licenses, rights, consents, releases, and permissions to use and toauthorize us, the Site, and other users of the Site to use your Contributionsin any manner contemplated by the Site and these Terms and Conditions.
3. you have the written consent, release, and/orpermission of each and every identifiable individual person in yourContributions to use the name or likeness of each and every such identifiableindividual person to enable inclusion and use of your Contributions in anymanner contemplated by the Site and these Terms and Conditions.
4. your Contributions are not false, inaccurate, ormisleading.
5. your Contributions are not unsolicited orunauthorized advertising, promotional materials, pyramid schemes, chain letters,spam, mass mailings, or other forms of solicitation.
6. your Contributions are not obscene, lewd,lascivious, filthy, violent, harassing, libelous, slanderous, or otherwiseobjectionable (as determined by us).
7. your Contributions do not ridicule, mock, disparage,intimidate, or abuse anyone.
8. your Contributions do not advocate the violentoverthrow of any government or incite, encourage, or threaten physical harmagainst another.
9. your Contributions do not violate any applicablelaw, regulation, or rule.
10. yourContributions do not violate the privacy or publicity rights of any thirdparty.
11. yourContributions do not contain any material that solicits personal informationfrom anyone under the age of 18 or exploits people under the age of 18 in asexual or violent manner.
12. yourContributions do not violate any federal or state law concerning childpornography, or otherwise intended to protect the health or well-being ofminors;
13. yourContributions do not include any offensive comments that are connected to race,national origin, gender, sexual preference, or physical handicap.
14. yourContributions do not otherwise violate, or link to material that violates, anyprovision of these Terms and Conditions, or any applicable law or regulation.
Any use of the Site inviolation of the foregoing violates these Terms and Conditions and may resultin, among other things, termination or suspension of your rights to use theSite.
By posting your Contributionsto any part of the Site [or making Contributions accessible to the Site bylinking your account from the Site to any of your social networking accounts],you automatically grant, and you represent and warrant that you have the rightto grant, to us an unrestricted, unlimited, irrevocable, perpetual,non-exclusive, transferable, royalty-free, fully-paid, worldwide right, andlicense to host, use, copy, reproduce, disclose, sell, resell, publish,broadcast, retitle, archive, store, cache, publicly perform, publicly display,reformat, translate, transmit, excerpt (in whole or in part), and distributesuch Contributions (including, without limitation, your image and voice) forany purpose, commercial, advertising, or otherwise, and to prepare derivativeworks of, or incorporate into other works, such Contributions, and grant andauthorize sublicenses of the foregoing. The use and distribution may occur inany media formats and through any media channels.
This license will apply toany form, media, or technology now known or hereafter developed, and includesour use of your name, company name, and franchise name, as applicable, and anyof the trademarks, service marks, trade names, logos, and personal andcommercial images you provide. You waive all moral rights in yourContributions, and you warrant that moral rights have not otherwise beenasserted in your Contributions.
We do not assert anyownership over your Contributions. You retain full ownership of all of yourContributions and any intellectual property rights or other proprietary rightsassociated with your Contributions. We are not liable for any statements or representationsin your Contributions provided by you in any area on the Site.
You are solely responsiblefor your Contributions to the Site and you expressly agree to exonerate us fromany and all responsibility and to refrain from any legal action against usregarding your Contributions.
We have the right, in oursole and absolute discretion, (1) to edit, redact, or otherwise change anyContributions; (2) to re-categorize any Contributions to place them in moreappropriate locations on the Site; and (3) to pre-screen or delete anyContributions at any time and for any reason, without notice. We have noobligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas onthe Site to leave reviews or ratings. When posting a review, you must complywith the following criteria:
(1) you should have firsthandexperience with the person/entity being reviewed;
(2) your reviews should notcontain offensive profanity, or abusive, racist, offensive, or hate language;
(3) your reviews should notcontain discriminatory references based on religion, race, gender, nationalorigin, age, marital status, sexual orientation, or disability;
(4) your reviews should notcontain references to illegal activity;
(5) you should not beaffiliated with competitors if posting negative reviews;
(6) you should not make anyconclusions as to the legality of conduct;
(7) you may not post anyfalse or misleading statements;
(8) you may not organize acampaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, orremove reviews in our sole discretion. We have absolutely no obligation to screenreviews or to delete reviews, even if anyone considers reviews objectionable orinaccurate. Reviews are not endorsed by us, and do not necessarily representour opinions or the views of any of our affiliates or partners.
We do not assume liability forany review or for any claims, liabilities, or losses resulting from any review.By posting a review, you hereby grant to us a perpetual, non-exclusive,worldwide, royalty-free, fully-paid, assignable, and sublicensable right andlicense to reproduce, modify, translate, transmit by any means, display,perform, and/or distribute all content relating to reviews.
MOBILE APPLICATION LICENSE Use License
If you access the Site via amobile application, then we grant you a revocable, non-exclusive, non-transferable,limited right to install and use the mobile application on wireless electronicdevices owned or controlled by you, and to access and use the mobileapplication on such devices strictly in accordance with the terms andconditions of this mobile application license contained in these Terms andConditions.
You shall not:
(1) decompile, reverseengineer, disassemble, attempt to derive the source code of, or decrypt theapplication;
(2) make any modification,adaptation, improvement, enhancement, translation, or derivative work from theapplication;
(3) violate any applicablelaws, rules, or regulations in connection with your access or use of theapplication;
(4) remove, alter, or obscureany proprietary notice (including any notice of copyright or trademark) postedby us or the licensors of the application;
(5) use the application forany revenue generating endeavor, commercial enterprise, or other purpose forwhich it is not designed or intended;
(6) make the applicationavailable over a network or other environment permitting access or use bymultiple devices or users at the same time;
(7) use the application forcreating a product, service, or software that is, directly or indirectly,competitive with or in any way a substitute for the application;
(8) use the application tosend automated queries to any website or to send any unsolicited commerciale-mail;
(9) use any proprietaryinformation or any of our interfaces or our other intellectual property in thedesign, development, manufacture, licensing, or distribution of anyapplications, accessories, or devices for use with the application.
Apple and Android Devices
The following terms applywhen you use a mobile application obtained from either the Apple Store orGoogle Play (each an “App Distributor”) to access the Site:
(1) the license granted toyou for our mobile application is limited to a non-transferable license to usethe application on a device that utilizes the Apple iOS or Android operatingsystems, as applicable, and in accordance with the usage rules set forth in theapplicable App Distributor’s terms of service;
(2) we are responsible forproviding any maintenance and support services with respect to the mobileapplication as specified in the terms and conditions of this mobile applicationlicense contained in these Terms and Conditions or as otherwise required underapplicable law, and you acknowledge that each App Distributor has no obligationwhatsoever to furnish any maintenance and support services with respect to themobile application;
(3) in the event of anyfailure of the mobile application to conform to any applicable warranty, youmay notify the applicable App Distributor, and the App Distributor, inaccordance with its terms and policies, may refund the purchase price, if any,paid for the mobile application, and to the maximum extent permitted byapplicable law, the App Distributor will have no other warranty obligationwhatsoever with respect to the mobile application;
(4) you represent and warrantthat (i) you are not located in a country that is subject to a U.S. governmentembargo, or that has been designated by the U.S. government as a “terroristsupporting” country and (ii) you are not listed on any U.S. government list ofprohibited or restricted parties;
(5) you must comply withapplicable third-party terms of agreement when using the mobile application,e.g., if you have a VoIP application, then you must not be in violation oftheir wireless data service agreement when using the mobile application;
6) you acknowledge and agreethat the App Distributors are third-party beneficiaries of the terms andconditions in this mobile application license contained in these Terms andConditions, and that each App Distributor will have the right (and will bedeemed to have accepted the right) to enforce the terms and conditions in thismobile application license contained in these Terms and Conditions against youas a third-party beneficiary thereof.
As part of the functionalityof the Site, you may link your account with online accounts you have withthird-party service providers (each such account, a “Third-Party Account”) byeither: (1) providing your Third-Party Account login information through theSite; or (2) allowing us to access your Third-Party Account, as is permittedunder the applicable terms and conditions that govern your use of eachThird-Party Account.
You represent and warrantthat you are entitled to disclose your Third-Party Account login information tous and/or grant us access to your Third-Party Account, without breach by you ofany of the terms and conditions that govern your use of the applicableThird-Party Account, and without obligating us to pay any fees or making ussubject to any usage limitations imposed by the third-party service provider ofthe Third-Party Account.
By granting us access to anyThird-Party Accounts, you understand that (1) we may access, make available,and store (if applicable) any content that you have provided to and stored inyour Third-Party Account (the “Social Network Content”) so that it is availableon and through the Site via your account, including without limitation anyfriend lists and (2) we may submit to and receive from your Third-Party Accountadditional information to the extent you are notified when you link youraccount with the Third-Party Account.
Depending on the Third-PartyAccounts you choose and subject to the privacy settings that you have set insuch Third-Party Accounts, personally identifiable information that you post toyour Third-Party Accounts may be available on and through your account on theSite.
Please note that if aThird-Party Account or associated service becomes unavailable or our access tosuch Third-Party Account is terminated by the third-party service provider,then Social Network Content may no longer be available on and through the Site.You will have the ability to disable the connection between your account on theSite and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIPWITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTYACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICEPROVIDERS.
We make no effort to reviewany Social Network Content for any purpose, including but not limited to, foraccuracy, legality, or non-infringement, and we are not responsible for anySocial Network Content.
You acknowledge and agreethat we may access your email address book associated with a Third-PartyAccount and your contacts list stored on your mobile device or tablet computersolely for purposes of identifying and informing you of those contacts who havealso registered to use the Site.
You can deactivate theconnection between the Site and your Third-Party Account by contacting us usingthe contact information below or through your account settings (if applicable).We will attempt to delete any information stored on our servers that wasobtained through such Third-Party Account, except the username and profilepicture that become associated with your account.
You acknowledge and agreethat any questions, comments, suggestions, ideas, feedback, or otherinformation regarding the Site ("Submissions") provided by you to usare non-confidential and shall become our sole property. We shall own exclusiverights, including all intellectual property rights, and shall be entitled tothe unrestricted use and dissemination of these Submissions for any lawfulpurpose, commercial or otherwise, without acknowledgment or compensation toyou.
You hereby waive all moralrights to any such Submissions, and you hereby warrant that any suchSubmissions are original with you or that you have the right to submit suchSubmissions. You agree there shall be no recourse against us for any alleged oractual infringement or misappropriation of any proprietary right in yourSubmissions.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or youmay be sent via the Site) links to other websites ("Third-PartyWebsites") as well as articles, photographs, text, graphics, pictures,designs, music, sound, video, information, applications, software, and othercontent or items belonging to or originating from third parties("Third-Party Content").
Such Third-Party Websites andThird-Party Content are not investigated, monitored, or checked for accuracy,appropriateness, or completeness by us, and we are not responsible for anyThird-Party Websites accessed through the Site or any Third-Party Contentposted on, available through, or installed from the Site, including thecontent, accuracy, offensiveness, opinions, reliability, privacy practices, orother policies of or contained in the Third-Party Websites or the Third-PartyContent.
Inclusion of, linking to, orpermitting the use or installation of any Third-Party Websites or anyThird-Party Content does not imply approval or endorsement thereof by us. Ifyou decide to leave the Site and access the Third-Party Websites or to use orinstall any Third-Party Content, you do so at your own risk, and you should beaware these Terms and Conditions no longer govern.
You should review theapplicable terms and policies, including privacy and data gathering practices,of any website to which you navigate from the Site or relating to anyapplications you use or install from the Site. Any purchases you make throughThird-Party Websites will be through other websites and from other companies,and we take no responsibility whatsoever in relation to such purchases whichare exclusively between you and the applicable third party.
You agree and acknowledgethat we do not endorse the products or services offered on Third-Party Websitesand you shall hold us harmless from any harm caused by your purchase of suchproducts or services. Additionally, you shall hold us harmless from any lossessustained by you or harm caused to you relating to or resulting in any way fromany Third-Party Content or any contact with Third-Party Websites.
We allow advertisers todisplay their advertisements and other information in certain areas of theSite, such as sidebar advertisements or banner advertisements. If you are anadvertiser, you shall take full responsibility for any advertisements you placeon the Site and any services provided on the Site or products sold throughthose advertisements.
Further, as an advertiser,you warrant and represent that you possess all rights and authority to placeadvertisements on the Site, including, but not limited to, intellectualproperty rights, publicity rights, and contractual rights.
[As an advertiser, you agreethat such advertisements are subject to our Digital Millennium Copyright Act(“DMCA”) Notice and Policy provisions as described below, and you understandand agree there will be no refund or other compensation for DMCAtakedown-related issues.] We simply provide the space to place suchadvertisements, and we have no other relationship with advertisers.
We reserve the right, but notthe obligation, to:
(1) monitor the Site forviolations of these Terms and Conditions;
(2) take appropriate legalaction against anyone who, in our sole discretion, violates the law or these Termsand Conditions, including without limitation, reporting such user to law enforcementauthorities;
(3) in our sole discretionand without limitation, refuse, restrict access to, limit the availability of,or disable (to the extent technologically feasible) any of your Contributionsor any portion thereof;
(4) in our sole discretionand without limitation, notice, or liability, to remove from the Site orotherwise disable all files and content that are excessive in size or are inany way burdensome to our systems;
(5) otherwise manage the Sitein a manner designed to protect our rights and property and to facilitate theproper functioning of the Site.
If you access the Site fromthe European Union, Asia, or any other region of the world with laws or otherrequirements governing personal data collection, use, or disclosure that differfrom applicable laws in the United States, then through your continued use ofthe Site, you are transferring your data to the United States, and youexpressly consent to have your data transferred to and processed in the UnitedStates.
[Further,we do not knowingly accept, request, or solicit information from children orknowingly market to children. Therefore, in accordance with the U.S. Children’sOnline Privacy Protection Act, if we receive actual knowledge that anyone underthe age of 13 has provided personal information to us without the requisite andverifiable parental consent, we will delete that information from the Site asquickly as is reasonably practical.]
DIGITAL MILLENNIUM COPYRIGHTACT (DMCA) NOTICE AND POLICY
We respect the intellectualproperty rights of others. If you believe that any material available on orthrough the Site infringes upon any copyright you own or control, pleaseimmediately notify our Designated Copyright Agent using the contact informationprovided below (a “Notification”).
A copy of your Notificationwill be sent to the person who posted or stored the material addressed in theNotification. Please be advised that pursuant to federal law you may be heldliable for damages if you make material misrepresentations in a Notification.Thus, if you are not sure that material located on or linked to by the Siteinfringes your copyright, you should consider first contacting an attorney.
All Notifications should meetthe requirements of DMCA 17 U.S.C. § 512(c)(3) and include the followinginformation:
(1) A physical or electronicsignature of a person authorized to act on behalf of the owner of an exclusiveright that is allegedly infringed;
(2) identification of thecopyrighted work claimed to have been infringed, or, if multiple copyrightedworks on the Site are covered by the Notification, a representative list ofsuch works on the Site;
(3) identification of thematerial that is claimed to be infringing or to be the subject of infringingactivity and that is to be removed or access to which is to be disabled, andinformation reasonably sufficient to permit us to locate the material;
(4) information reasonablysufficient to permit us to contact the complaining party, such as an address,telephone number, and, if available, an email address at which the complainingparty may be contacted;
(5) a statement that thecomplaining party has a good faith belief that use of the material in themanner complained of is not authorized by the copyright owner, its agent, orthe law;
(6) a statement that theinformation in the notification is accurate, and under penalty of perjury, thatthe complaining party is authorized to act on behalf of the owner of anexclusive right that is allegedly infringed upon.
If you believe your owncopyrighted material has been removed from the Site as a result of a mistake ormisidentification, you may submit a written counter notification to [us/ourDesignated Copyright Agent] using the contact information provided below (a “CounterNotification”).
To be an effective CounterNotification under the DMCA, your Counter Notification must includesubstantially the following:
(1) identification of thematerial that has been removed or disabled and the location at which the materialappeared before it was removed or disabled;
(2) a statement that youconsent to the jurisdiction of the Federal District Court in which your addressis located, or if your address is outside the United States, for any judicialdistrict in which we are located;
(3) a statement that you willaccept service of process from the party that filed the Notification or theparty's agent;
(4) your name, address, andtelephone number;
(5) a statement under penaltyof perjury that you have a good faith belief that the material in question wasremoved or disabled as a result of a mistake or misidentification of thematerial to be removed or disabled;
(6) your physical orelectronic signature.
If you send us a valid,written Counter Notification meeting the requirements described above, we willrestore your removed or disabled material, unless we first receive notice fromthe party filing the Notification informing us that such party has filed acourt action to restrain you from engaging in infringing activity related tothe material in question.
Please note that if youmaterially misrepresent that the disabled or removed content was removed bymistake or misidentification, you may be liable for damages, including costsand attorney's fees. Filing a false Counter Notification constitutes perjury.
We respect the intellectualproperty rights of others. If you believe that any material available on orthrough the Site infringes upon any copyright you own or control, pleaseimmediately notify us using the contact information provided below (a“Notification”). A copy of your Notification will be sent to the person whoposted or stored the material addressed in the Notification.
Please be advised thatpursuant to federal law you may be held liable for damages if you make materialmisrepresentations in a Notification. Thus, if you are not sure that materiallocated on or linked to by the Site infringes your copyright, you shouldconsider first contacting an attorney.]
TERM AND TERMINATION
These Terms and Conditionsshall remain in full force and effect while you use the Site. WITHOUT LIMITINGANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, INOUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OFTHE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANYREASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANYAPPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THESITE OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED ATANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspendyour account for any reason, you are prohibited from registering and creating anew account under your name, a fake or borrowed name, or the name of any thirdparty, even if you may be acting on behalf of the third party.
In addition to terminating orsuspending your account, we reserve the right to take appropriate legal action,including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right tochange, modify, or remove the contents of the Site at any time or for anyreason at our sole discretion without notice. However, we have no obligation toupdate any information on our Site. We also reserve the right to modify ordiscontinue all or part of the Site without notice at any time.
We will not be liable to youor any third party for any modification, price change, suspension, ordiscontinuance of the Site.
We cannot guarantee the Sitewill be available at all times. We may experience hardware, software, or otherproblems or need to perform maintenance related to the Site, resulting ininterruptions, delays, or errors.
We reserve the right tochange, revise, update, suspend, discontinue, or otherwise modify the Site atany time or for any reason without notice to you. You agree that we have noliability whatsoever for any loss, damage, or inconvenience caused by yourinability to access or use the Site during any downtime or discontinuance ofthe Site.
Nothing in these Terms andConditions will be construed to obligate us to maintain and support the Site orto supply any corrections, updates, or releases in connection therewith.
These Terms and Conditionsand your use of the Site are governed by and construed in accordance with thelaws of the State of UNITED KINGDOM applicable to agreements made and to beentirely performed within the State/Commonwealth of UNITED KINGDOM withoutregard to its conflict of law principles.
Option 1: Any legal action of whatever nature brought byeither you or us (collectively, the “Parties” and individually, a “Party”)shall be commenced or prosecuted in the state and federal courts located in[name of county] County, UNITED KINGDOM], and the Parties hereby consent to,and waive all defenses of lack of personal jurisdiction and forum nonconveniens with respect to venue and jurisdiction in such state and federalcourts.
Application of the UnitedNations Convention on Contracts for the International Sale of Goods and theUniform Computer Information Transaction Act (UCITA) are excluded from these Termsand Conditions. In no event shall any claim, action, or proceeding brought byeither Party related in any way to the Site be commenced more than ______ yearsafter the cause of action arose.
THE SITE IS PROVIDED ON ANAS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OURSERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WEDISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE ANDYOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WEMAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THESITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILLASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, ORINACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALLPERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANYINTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS,VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THESITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT ANDMATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USEOF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTOR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANYHYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANYBANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BERESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTYPROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF APRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USEYOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OURDIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANYDIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVEDAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGESARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES.
[NOTWITHSTANDING ANYTHING TOTHE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVERAND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO [THELESSER OF] [THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE [_________] MONTHPERIOD PRIOR TO ANY CAUSE OF ACTION ARISING [OR] [$_________]. CERTAIN STATELAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION ORLIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU,SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, ANDYOU MAY HAVE ADDITIONAL RIGHTS.]
You agree to defend,indemnify, and hold us harmless, including our subsidiaries, affiliates, andall of our respective officers, agents, partners, and employees, from and againstany loss, damage, liability, claim, or demand, including reasonable attorneys’fees and expenses, made by any third party due to or arising out of: (1) [yourContributions]; (2) use of the Site; (3) breach of these Terms and Conditions;(4) any breach of your representations and warranties set forth in these Termsand Conditions; (5) your violation of the rights of a third party, includingbut not limited to intellectual property rights; or (6) any overt harmful acttoward any other user of the Site with whom you connected via the Site.
Notwithstanding theforegoing, we reserve the right, at your expense, to assume the exclusivedefense and control of any matter for which you are required to indemnify us,and you agree to cooperate, at your expense, with our defense of such claims.We will use reasonable efforts to notify you of any such claim, action, orproceeding which is subject to this indemnification upon becoming aware ofit.
We will maintain certain datathat you transmit to the Site for the purpose of managing the Site, as well asdata relating to your use of the Site. Although we perform regular routinebackups of data, you are solely responsible for all data that you transmit orthat relates to any activity you have undertaken using the Site.
You agree that we shall haveno liability to you for any loss or corruption of any such data, and you herebywaive any right of action against us arising from any such loss or corruptionof such data.
ELECTRONIC COMMUNICATIONS,TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending usemails, and completing online forms constitute electronic communications. Youconsent to receive electronic communications, and you agree that allagreements, notices, disclosures, and other communications we provide to youelectronically, via email and on the Site, satisfy any legal requirement thatsuch communication be in writing.
YOU HEREBY AGREE TO THE USEOF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TOELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATEDOR COMPLETED BY US OR VIA THE SITE.
You hereby waive any rightsor requirements under any statutes, regulations, rules, ordinances, or otherlaws in any jurisdiction which require an original signature or delivery orretention of non-electronic records, or to payments or the granting of creditsby any means other than electronic means.
These Terms and Conditionsand any policies or operating rules posted by us on the Site constitute theentire agreement and understanding between you and us. Our failure to exerciseor enforce any right or provision of these Terms and Conditions shall notoperate as a waiver of such right or provision.
These Terms and Conditionsoperate to the fullest extent permissible by law. We may assign any or all ofour rights and obligations to others at any time. We shall not be responsibleor liable for any loss, damage, delay, or failure to act caused by any causebeyond our reasonable control.
If any provision or part of aprovision of these Terms and Conditions is determined to be unlawful, void, orunenforceable, that provision or part of the provision is deemed severable fromthese Terms and Conditions and does not affect the validity and enforceabilityof any remaining provisions.
There is no joint venture,partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
NH TRADING NW LIMITED
UNIT 174 OLD WELLINGTON ROADLYNTOWN TRADING ESTATE ECCLES, MANCHESTER