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TERMS & CONDITIONS
You acknowledge in your use of this site the Aurora GCM Limited's
TERMS AND CONDITIONS.
1. Acceptance of Terms
Thank you for using Aurora GCM Limited. Aurora GCM Limited provides
its services to you subject to the following "Terms and Conditions"
which may be updated by us from time to time without notice to
you.
2. Description of Service
Aurora GCM Limited currently provides or allows browsing of information
and/or access to a number of online Services and resources (such
as discussion forums, email lists) "Service" and enables
you to access this as a "User". Unless explicitly stated
otherwise, any new features that augment or enhance the current
Service, including the release of new services or resources, shall
be subject to the "Terms and conditions". We may add,
delete or change some or all of the services provided for free
as part of the Service at any time. Unless otherwise stated these
terms and conditions apply to you as a user of this site.
3. Submission of Content
At times it may be possible to submit content. By submitting information,
you are stating that you are at least 18 years of age or a minor
with parental consent to use the Service, that you are eligible
to use the Service, and that you agree to be bound by all of these
Terms and conditions.
In consideration of your use of the Service, you agree to: (a)
provide true, accurate, current and complete information about
yourself as required by the type of data requested for submission
and (b) maintain and promptly update the data to keep it true,
accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or Aurora
GCM Limited has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, Aurora GCM Limited
has the right to suspend or terminate your use of any services
and refuse any future use of the Service (or any portion thereof).
Aurora GCM Limited cannot and will not be liable for any loss
or damage arising from your failure to comply with this Section
3.
4. Code of Conduct
You agree that all information, data, text, software,
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 Aurora GCM
Limited, are entirely responsible for all Content that you upload,
post, email or otherwise transmit via the Service.
Aurora GCM Limited does not control the Content posted via the
Service and, as such, does not guarantee the accuracy, integrity
or quality of such Content. You understand that by using the Service,
you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will Aurora GCM Limited be liable in any
way for any Content, including, but not limited to, any errors
or omissions in any Content, or for any loss or damage of any
kind incurred as a result of the use of any Content posted, emailed
or otherwise transmitted via the Service.
You agree not to use the Service to:
(a) upload, post, publish, distribute, disseminate or otherwise
transmit any Content (hereinafter "post") that is unlawful,
tortious, defamatory, harmful or invasive of another's privacy,
or otherwise objectionable, including but not limited to material
that promotes or provides instructional information about illegal
activities or promotes physical harm or injury against any group
or individual;
(b) upload, post or otherwise transmit any Content that you do
not have a right to transmit under any law or under contractual
or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment
relationships or under non disclosure agreements);
(c) upload, post or otherwise transmit any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary
and intellectual property rights of any party, or rights of publicity
or privacy of any party, unless you are the owner of such rights
or have the permission of the owner to post or transmit such material,
including but not limited to offering pirated computer programs
or links to such programs;
(d) harm minors in any way;
(e) transmit Content containing nudity, or pornographic material,
or sexual material of a lewd, lecherous or obscene nature and
intent, or material of a vulgar, profane or obscene nature;
(f) impersonate any person or entity, including, but not limited
to, a Aurora GCM Limited official or user, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
(g) forge or manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
(h) post or otherwise transmit any unsolicited or unauthorised
advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any
other form of solicitation;
(i) post or otherwise transmit any material that contains 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;
(j) interfere with or disrupt the Service, or infringe any requirements,
procedures, policies or regulations of networks connected to the
Service, or interfering with another user's use and enjoyment
of the Service, including but not limited to (a) transmitting
any material that contains viruses, trojan horses, worms, time
bombs, or other computer programming routines that are intended
to damage, detrimentally interfere with, surreptitiously intercept
or expropriate any system, data or personal information, or (b)
attempting to gain unauthorised access to the Service, other's
accounts on the Service, or private mailing lists on the Service
through password mining or any other means;
(k) intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited
to, UK legislation such as the Data Protection Act, Consumer Protection
Act, or Financial Services Act, or any amendments or replacements
of such acts;
(l) defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity) of
others;
(m) collect, store, or distribute personal data about other users
without their consent;
(n) promote or provide instructional information about illegal
activities, promote physical harm or injury against any group
or individual, or promote any act of cruelty to animals. This
may include, but is not limited to, providing instructions on
how to assemble bombs, grenades and other weapons, and creating
"crush" sites;
(o) violate any law or regulation (including without limitation
those governing export control, unfair competition, discrimination
or false advertising);
Without limiting the foregoing, Aurora GCM Limited and its designees
shall have the right to remove any Content that violates the Terms
and conditions or which is otherwise in our opinion, 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. In this regard, you
acknowledge that you may not rely on any Content created by Aurora
GCM Limited or submitted to Aurora GCM Limited , including without
limitation information in Aurora GCM Limited discussion forums,
notice boards and in all other parts of the Service. Aurora GCM
Limited will have no liability or responsibility for performance
or non-performance of such activities. Aurora GCM Limited reserves
the right to terminate your participation in the Services.
You acknowledge and agree that Aurora GCM Limited 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 any applicable law;
(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 Aurora GCM Limited,
its users and the public.
You understand that the technical processing and transmission
of the Service, 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.
5. Proprietary Rights and Licences
You acknowledge and agree that Content, including but
not limited to text, software, music, sound, photographs, graphics,
video, page layout and design or other material contained in the
Service or information presented through the Service by Aurora
GCM Limited or by advertisers is protected by ours or their copyright,
trademarks, service marks, patents, or other proprietary rights
and laws. You acknowledge and agree that Aurora GCM Limited can
display images and text throughout the Service, including the
insertion of sponsor messages into messages distributed on Aurora
GCM Limited mailing lists. Content received and accessed through
the Service may be displayed, reformatted, and printed by you
for your personal, non-commercial use only.
You acknowledge and agree that Aurora GCM Limited owns or is
licensed to use all intellectual property rights (including without
limitation all copyrights, patents, trademarks and trade secrets)
in connection with and in all versions of the Service, any Aurora
GCM Limited Content and any data (including Submission Data) generated
by Members.
Aurora GCM Limited does not pass your personal data to any third
party or to any company. Except as expressly authorised by Aurora
GCM Limited or advertisers, you agree not to modify, copy, reproduce,
republish, upload, post, transmit, rent, loan, sell, lease, licence,
sub-licence, distribute or create in any way content and/or derivative
works based on the Service or Content, in whole or in part.
6. Advertisements and Promotions
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Service,
including payment and delivery of related goods or services, and
any other terms, conditions, warranties or representations associated
with such dealings, are solely between you and such advertiser.
You agree that Aurora GCM Limited shall not be responsible or
liable for any loss or damage of any sort incurred as the result
of any such dealings or as the result of the presence of such
advertisers on the Service.
7. External links
The Service may provide, or third parties may provide,
links to other World Wide Web sites or resources. These links
are provided solely as a convenience to you and not as an endorsement
by Aurora GCM Limited of the contents on such third-party web
sites. As Aurora GCM Limited has no control over such sites and
resources, you acknowledge and agree that Aurora GCM Limited is
not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable
for any Content, advertising, products, services or other materials
on or available from submission (eg. in discussion forum). You
further acknowledge and agree that Aurora GCM Limited shall not
be responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with
use of or reliance on any such Content, goods or services available
on or through any such site or resource. If you decide to access
linked third-party Web sites, you do so at your own risk. Any
concerns regarding any external link should be directed to its
respective site administrator or web master.
8. Privacy Policy
Registration Data and certain other information about you is subject
to our privacy policy. For more information, please refer to our
full privacy policy onsite. We do not [pass on or sell your data
to third parties.
9. Disclaimer of Warranties
You expressly understand and agree that:
a) your use of the Service is at your sole risk. The Service
is provided on an "as is" and "as available"
basis. Aurora GCM Limited and its suppliers, to the fullest extent
permitted by law, disclaim all warranties, including but not limited
to warranties of title, fitness for a particular purpose, merchantability
and non-infringement of proprietary or third party rights. Aurora
GCM Limited and its suppliers make no warranties about the accuracy,
reliability, completeness, or timeliness of the material, services,
software, text, graphics, and links.
(b) Aurora GCM Limited is not responsible for the content of
users, or messages distributed through mailing lists, and assumes
no responsibility for and makes no warranty or representation
as to the accuracy, currency, completeness, reliability or usefulness
of information distributed through this Service.
(c) Aurora GCM Limited makes no warranty that (i) the Service
will meet your requirements, (ii) the service will be uninterrupted,
timely, secure, or error-free, (iii) the results that may be obtained
from the use of the service will be accurate or reliable, and
(iv) the quality of any products, services, information, or other
material purchased or obtained by you through the Service will
meet your expectations. Further, if your use of the web site or
the material results in the need for servicing or replacing equipment
or data, Aurora GCM Limited is not responsible for those costs.
(d) any material downloaded or otherwise obtained through the
use of the Service is done at your own discretion and risk and
that you will be solely responsible for any damage to your computer
system or loss of data that results from the download of any such
material.
(e) no advice or information, whether oral or written, obtained
by you from Aurora GCM Limited or through or from the Service
shall create any warranty not expressly stated in the Terms and
conditions.
Much of the material on Aurora GCM Limited is provided by third
parties and Aurora GCM Limited shall not be held responsible for
any such third party material.
10. Indemnity
You agree to defend, indemnify, and hold harmless Aurora GCM Limited,
its officers, directors, employees and agents, from and against
any claims, actions or demands, including without limitation reasonable
legal and accounting fees, alleging or resulting from your use
of the Content, the Service, your connection to the Service or
your breach of the terms of these Terms and conditions. Aurora
GCM Limited shall provide notice to you promptly of any such claim,
suit, or proceeding and shall reasonably assist you, at your expense,
in defending any such claim, suit or proceeding.
11. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Service, use of
the Service, or access to the Service.
12. Limitation of Liability
Your use of the Service is at your own risk. If you are dissatisfied
with any of the Content or the Service or with these Terms and
conditions, or any other rules or policies, your sole remedy is
to discontinue use of Aurora GCM Limited.
You expressly understand and agree that Aurora GCM Limited shall
not be liable for any direct, indirect, incidental, special, consequential
or exemplary damages, including but not limited to, damages for
loss of profits, goodwill, use, data or other intangible losses
(even if Aurora GCM Limited has been advised of the possibility
of such damages), resulting from: (i) the use or the inability
to use the Service; (ii) 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 Service; (iii) unauthorised access
to or alteration of your transmissions or data; (iv) statements
or conduct of any third party on the service; or (v) any other
matter relating to the Service.
In no event will Aurora GCM Limited accept liability arising
out of or in respect of these Terms and Conditions.
User's proprietary rights: You agree that upon posting any material
within a group open to the public on the Service, you grant Aurora
GCM Limited, and its successors and assigns, a non-exclusive,
world-wide, royalty free, perpetual, non-revocable licence under
your copyrights or other intellectual property rights, if any,
in such material, to use, distribute, display, reproduce, and
create derivative works from such material in any and all media,
in any manner, in whole or part, without any duty to account to
you. You also grant Aurora GCM Limited the right to authorise
the downloading and printing in whole or in part of any material
that you have posted to a group on the Service, by end-users for
their personal use.
13. Modifications to the Terms and conditions or to the
Service
Aurora GCM Limited reserves the right to change the Terms and
conditions at any time without notice. Aurora GCM Limited also
reserves the right at any time and from time to time to modify
or discontinue the Service, temporarily or permanently, with or
without notice to you. You agree that Aurora GCM Limited shall
not be liable to you or any third party for any modification,
suspension or discontinuance of the Service.
14. Use and Storage
You acknowledge that Aurora GCM Limited may establish general
practices and limits concerning use of the Service, including
without limitation the maximum number of days that directory listings
or other supplied Content will be retained by the Service. You
agree that Aurora GCM Limited has no responsibility or liability
for the deletion or failure to store any content and other communications
or other Content maintained or transmitted by the Service. You
further acknowledge that Aurora GCM Limited reserves the right
to change these general practices and limits at any time, in its
sole discretion, with or without notice.
15. Termination
You agree that Aurora GCM Limited, in its sole discretion, may
terminate your submission of content (or any part thereof) or
use of the Service, and remove and archive or discard any Content
within the Service for any reason, including, without limitation,
if Aurora GCM Limited believes that you have violated or acted
inconsistently with the letter or spirit of the Terms and Conditions.
Aurora GCM Limited may also in its sole discretion and at any
time discontinue providing the Service, or any part thereof, with
or without notice. You agree that any termination of your access
to the Service under any provision of these Terms and conditions
may be effected without prior notice, and acknowledge and agree
that Aurora GCM Limited may immediately deactivate, archive or
delete your Content and all related information and/or bar any
further access to the Service. Further, you agree that Aurora
GCM Limited shall not be liable to you or any third-party for
any termination of your access to the Service.
16. Aurora GCM Limited Identifiers
Aurora GCM Limited and Aurora logos, products and service names
belong to Aurora GCM Limited. Without Aurora GCM Limited's prior
permission or pre-authorised access, you agree not to display
or use in any manner, the Aurora GCM Limited identifiers.
17. General
The Terms and conditions constitute the entire agreement between
you and Aurora GCM Limited and govern your use of the Service,
superseding any prior agreements between you and Aurora GCM Limited
(including, but not limited to, any prior versions of the Terms
and conditions). You also may be subject to additional terms and
conditions that may apply when you use affiliate or other Aurora
GCM Limited services or third-party content.
Aurora GCM Limited makes no claims that the Content is appropriate
for any particular purpose or audience, or that it may be downloaded
outside of the United Kingdom. Access to the Content may not be
legal by certain persons or in certain countries. If you access
the Aurora GCM Limited site from outside of the United Kingdom,
you are responsible for compliance with the laws of your jurisdiction.
Aurora GCM Limited is headquartered in London, England. All legal
issues arising from or related to the use of the Service shall
be construed in accordance with and determined by the laws of
the England By using Aurora GCM Limited, you agree that the exclusive
forum for the bringing of any claims or causes of action arising
out of or relating to your use of Aurora GCM Limited are the English
courts. You hereby accept and submit to the jurisdiction of such
court in any such proceeding or action, and irrevocably waive,
to the fullest extent permitted by law, any objection which you
may have now or hereafter have to be laying of the venue of any
such action or proceeding brought in such a court and any claim
that any such action or proceeding brought in such a court has
been brought in an inconvenient forum.
If any provision of these Terms and conditions is found to be
invalid by any court having competent jurisdiction, the invalidity
of such provision shall not affect the validity of the remaining
provisions of these Terms and conditions, which shall remain in
full force and effect. No waiver of any term of these Terms and
conditions shall be deemed a further or continuing waiver of such
term or any other term.
IF ANY PART OF THESE TERMS AND CONDITIONS IS UNACCEPTABLE
TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR UTILISATION OF
THIS WEBSITE AND ITS ONLINE SERVICES.
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