1. ACCEPTANCE OF TERMS
The Company brings you this website ("Website") on condition
you accept the following terms and conditions ("Terms and Conditions").
Your use of this Website constitutes your agreement to all such terms,
conditions and notices. This Website may contain links to other websites
operated by The Company (The "Company” sites), and your use
of each Company site is also subject to the Terms and Conditions of Use
and other terms and conditions, if any, contained within each Company
Site.
2. COPYRIGHT
All Website design, text, graphics, and the selection and arrangement
thereof, and all source code and all other material on this Website are
copyright The Company or its content providers, unless otherwise expressly
indicated. All rights reserved. You are permitted to print or download
extracts from this material for your personal use or use only. None of
this material may be used for any commercial or public use. No part of
the Website or any material appearing on the Website may be reproduced
or stored in or transmitted to any other web site. No material appearing
on the Website may be disseminated in any form, either electronic or
non-electronic, nor included in any retrieval system or service without
the prior written permission of The Company. Any other use of the material
and content of the Website is strictly prohibited. You agree that you
will not (and will not assist or facilitate any third party to) copy,
reproduce, transmit, publish, display, distribute, commercially exploit
or create derivative works of such material and content.
3. CONTENT SUBMITTED TO THE WEBSITE
You acknowledge that The Company does not always monitor Content (as
defined below) submitted by users, but that The Company shall have the
right (but not the obligation) in its sole discretion to refuse or remove
any Content that is available via the Website. Without limiting the foregoing,
The Company shall have the right to remove any Content that violates
the Terms and Conditions of Use or is in any other way inappropriate
or objectionable. You 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. You may not submit
third party proprietary information to The Company without first obtaining
permission from the owner. Any Content provided by you by, for example,
posting messages to bulletin boards or chat forums, uploading files,
inputting data, or engaging in any other form of communication through
this Website, although owned by you, is subject to a royalty-free, perpetual,
non-exclusive, unrestricted, world-wide licence allowing The Company
to use, distribute, copy, sub-license, adapt, transmit, publicly perform
or display any such content. You agree to irrevocably and unconditionally
waive on your behalf in perpetuity in respect of such Content the benefit
of any provision of law known as moral rights of authors or any similar
law in any country.
4. LINK TO THIRD PARTIES
This Website and the Company Sites may contain links to websites operated
by parties other than The Company. Such links are provided for your convenience
only. The Company does not control such websites, and is not responsible
for their contents. The Company’s inclusion of links to such websites
does not imply any endorsement of the material on such websites or any
association with their operators. For example, users may be able to buy
goods and services via the Website, some of which may be through third
party retailers who link to the Website. Users may also enter into correspondence
with or participate in promotions of advertisers on the Website. The
Company in no way endorses these third parties and any such transactions,
dealings, correspondence with or participation in promotions of, third
parties, including the delivery of and the payment for goods and services
and any other terms, conditions, warranties or representations associated
with such matters are solely between the corresponding user and the third
party. The Company assumes no liability, obligation or responsibility
for any part of any such transaction, dealing, correspondence or participation.
5. MEMBER CONDUCT
You understand that all information, data, text, music, sound, photographs,
graphics, video, messages 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 Company, are entirely responsible for all Content that you
upload to, post on or otherwise transmit via this Website. The Company
does not control all the Content posted on the Website and, as such,
does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Website, you may be exposed to Content
that is offensive, indecent or objectionable.
You further understand that this Website contains or will contain
bulletin boards, chat areas, review sections and other interactive
areas, and you agree to use the Website in a way that is proper and
related to the Website. For example, you agree that when using the
Website you will not:
• Upload, post or otherwise transmit any Content that is unlawful,
harmful, threatening, abusive, harassing, defamatory, vulgar, obscene,
libellous, or invasive of another's privacy.
•
Upload, post or otherwise transmit any Content that you do not have
a right to transmit under any law or any Content (or use the Website
in any manner), which violates or infringes the rights of any person,
firm or company (including, but not limited to, rights of intellectual
property, rights of confidentiality or rights of privacy).
•
Upload, post or otherwise transmit any Content that contains any patent,
trademark, copyright or other intellectual property rights of any party,
unless you own or control the rights thereto or have received all necessary
permissions.
•
Upload, post or otherwise transmit any material that contains software
viruses or any other files or programs that may interrupt, destroy
or limit the functionality of any Company Site or any servers or networks
connected to such Company Site or another's computer, or any chain
letters, pyramid-selling schemes, bulk mail or mails bombs or other
such programs.
•
Upload, post or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, or any other form of solicitation.
•
Restrict or in any way inhibit any other user from using the Website.
•
Use the Website in a manner that is inconsistent with these Terms and
Conditions and/or not in accordance with all relevant laws and regulations
or for any illegal purpose.
6. BACKUPPOWER PRIVACY POLICY
Pursuant to The Company’s privacy policy, we may disclose to
third parties certain aggregate information collected from you when
you register or while you use the Website, provided that such information
will NOT include personally identifying information, except as specifically
authorized by you or in the good faith belief that such action is reasonably
necessary to comply with the law, or under any of the other circumstances
set forth in our privacy policy, as may be amended from time to time.
You should be aware that if The Company is requested by the police
or any regulatory or governmental authority investigating suspected
illegal actives, or upon receipt of a court order, to provide any personally
identifying information or the contents of any email and/or information
concerning your activities whilst using the Website, The Company shall
do so. Also, The Company reserves the right to disclose personally
identifying information to third parties where a complaint arises concerning
your use of the Website, and that use is deemed by The Company to be
inconsistent with these Terms and Conditions. For more information,
please see our full privacy policy linked below.
You agree that you do not object to The Company or such third parties
contacting you for any of the above purposes whether by telephone,
e-mail or in writing and you confirm that you do not and will not consider
any of the above as being a breach of any of your rights under the
Telecommunications (Data Protection and Privacy) Regulations 1999.
7. DISCLAIMER / LIABILITY
Use of the Website and the facilities thereon, and any material or
information obtained from this Website is at your own risk, and The
Company hereby expressly disclaims, to the fullest extent permitted
by applicable law, all warranties, expressed or implied, of any kind
whatsoever including but not limited to implied warranties of merchantability,
fitness for a particular purpose, title and infringement. In addition,
The Company shall not be responsible for the failure of performance
of this Website and/or the software used thereon; the loss of data
or services resulting from delays, non-deliveries, or service interruption;
the accuracy, quality or nature of information obtained through its
services; nor the consequences arising from or related to any viruses
transmitted through its servers, or any liability, costs, loss of
profits or consequential losses arising from your use of, or inability
to access this Website.
In relation to Content uploaded by users, The Company shall not be
responsible for any such Content posted by users in chat rooms or other
community areas. All such Content whether expressed as opinions, statements
or recommendations, are those of users expressing such views and are
not those of The Company.
Notwithstanding any other provision in these Terms and Conditions,
nothing herein shall limit your rights as a consumer under English
law. The Company will not be liable, in contract, tort (including,
without limitation, negligence), pre-contract or other representations
(other than fraudulent misrepresentations) or otherwise out of or in
connection with the Website, or products or services offered on the
Website, whether by The Company or on its behalf, for:
(a) Any economic losses (including without limitation loss of revenues,
profits, contracts, business or anticipated savings); or
(b) Any loss of goodwill or reputation; or
(c) Any special or indirect or consequential losses;
in any case whether or not such losses were within the contemplation
of either party at the date on which the event giving rise to the loss
occurred. Nothing in these Terms and Conditions shall exclude or limit
The Company's liability for death or personal injury resulting from
the negligence of The Company or that of its servants, agents or employees.
You agree to indemnify The Company in respect of any liability or any
costs, loss of profits, loss of data, or consequential losses arising
from a breach by you of any of the terms of this agreement, or arising
out of your use of any of The Company Sites.
8. ACCESS RESTRICTION
The Company reserves the right to deny in its sole discretion any user
access to this Website or any other Company Site, or any portion thereof,
without notice. The Company also reserves the right to remove any Content
that it deems in its sole discretion to be unacceptable, undesirable
or in violation of these Terms and Conditions.
9. ONLINE COMPETITIONS
The rules set out below ("Competition Rules") apply to each
competition The Company runs on any of The Company Sites ("Competition").
By participating in each Competition the user as an entrant agrees
to be bound by the Competition Rules (and any other rules which The
Company tell you apply to the Competition) and by the decisions of
The Company, which are final in all matters relating to the Competition.
No correspondence will be entered into and The Company reserves the
right to disqualify any entrant and/or winner in its absolute discretion.
No purchase is necessary to enter a Competition. All prizes are non-transferable
and no cash or credit alternatives will be offered. A third party sponsor
may make arrangements for the fulfilment of prizes. The Company reserves
the right in its sole discretion to substitute any and all prizes with
prizes of comparable value. All entries must be received by the deadline
for that Competition and late or incomplete entries will be disqualified.
By you entering a Competition, if you are a winner, you grant The Company
permission to use your name and likeness for advertising and future
promotional purposes.
By you entering a Competition you:
(a) Assign to The Company all rights, title and interest (including,
without limitation, all intellectual property rights however arising
and in whatever media throughout the world) in perpetuity, in all creative
material uploaded onto any of The Company Sites or otherwise provided
by you where such creative material is the subject of the Competition;
(b) Irrevocably and unconditionally waive on your behalf in perpetuity
the benefit of any provision of law known as moral rights of authors
of any similar law in any country;
(c) Acknowledge that The Company may use such creative material in
any way it sees fit without further payment to you;
(d) Warrant to The Company that such creative material is wholly original
to you (in the sense of not being copied), does not libel, defame,
cause injury to, or invade the privacy of or otherwise infringe or
violate the rights of any third party and the use of such creative
material by The Company will not infringe the rights of any third party;
and
(e) Consent to The Company passing your name and address to any third
party to deliver the prize or prizes to you.
Winner(s) will be notified by e-mail as soon as possible after the Competition
draw/decision. For the names of the winner(s), please send an e-mail to
support@backuppower.biz specifying the Competition. If you are a winner,
you may have to complete additional legal documents and return them to
The Company within three working days of receipt from The Company. Non-compliance
or notification returned as undeliverable as addressed will result in
your disqualification as a winner and an alternative winner will be selected.
The receipt, by you if you are a winner, of any prize is conditional
upon compliance of any and all laws, rules and regulations including,
without limitation, the Competition Rules and any further rules relating
to such Competition as The Company may impose. Winners are solely responsible
for all insurance, applicable taxes and for any expenses not specified
in the prize description including those associated incidental expenses
associated with claiming the prize.
The Company reserves the right to implement age requirements or other
eligibility criteria where necessary. Competitions are not open to
the employees of The Company or those of affiliated companies and subsidiaries,
nor to any sponsors, nor to the immediate families of such employees
or sponsors. Winner(s) of the Competitions agree that neither The Company
nor its employees or any sponsors shall have any liability in connection
with the acceptance or use of any of the prizes awarded herein. No
responsibility can be accepted for entries lost of delayed in transmission
or for damage or loss resulting from misdirected or incomplete entries
arising from transmission and/or computer malfunctions, viruses, bugs
or other similar causes.
10. GENERAL
These Terms and Conditions (as amended from time to time) constitute
the entire agreement between you and The Company concerning your use
of the Website and supersede any previous arrangement, agreement, undertaking
or proposal, written or oral between you and The Company in relation
to such matters. No oral explanation or oral information given by either
party shall alter the interpretation of these Terms and Conditions.
You confirm that in agreeing to accept these Terms and Conditions,
you have not relied on any representation save insofar as the same
has expressly been made a representation in these Terms and Conditions
and you agree that you shall have no remedy in respect of any misrepresentation
which has not become a term of these Terms and Conditions save that
your agreement contained in this paragraph shall not apply in respect
of any fraudulent misrepresentation whether or not such has become
a term of these Terms and Conditions.
These Terms and Conditions of Use shall be governed by and construed
in accordance with English law and the parties submit to the exclusive
jurisdiction of the English Courts.
If any provision(s) of the Terms and Conditions is held by a court
of competent jurisdiction to be invalid or unenforceable, then such
provision(s) shall be construed, as nearly as possible, to reflect
the intentions of the parties with the other provisions remaining in
full force and effect.
The Company's failure to exercise or enforce any right or provision
of the Terms and Conditions shall not constitute a waiver of such right
or provision unless acknowledged and agreed to by The Company in writing.
Unless otherwise expressly stated, nothing in the Terms and Conditions
shall create any rights or any other benefits whether pursuant to the
Contracts (Rights of Third Parties) Act 1999 or otherwise in favour
of any person other than you and The Company.
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