| NarrowboatShop.co.uk Terms of Service
1. ACCEPTANCE OF TERMS
Nathan Rogers ("NarrowboatShop.co.uk") provides this service
to you, subject to the following Terms of Service ("TOS"), which
may be updated by NarrowboatShop.co.uk from time to time without notice
to you. You should review the TOS periodically for changes at: http://www.narrowboatshop.co.uk/termsofservice.asp.
2. DESCRIPTION OF SERVICE
NarrowboatShop.co.uk currently provides users with access to external-user
posted narrowboat advertisements, including, various communications tools
(the "Service"). Unless explicitly stated otherwise, any new
features that augment or enhance the current Service, including the release
of new NarrowboatShop.co.uk properties, shall be subject to the TOS. You
acknowledge and agree that the Service is provided "AS IS" and
that NarrowboatShop.co.uk assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications.
In order to use the Service, you must obtain access to the World Wide
Web, either directly or through devices that access web-based content,
and pay any service and/or telephony fees associated with such access.
In addition, you must provide all equipment necessary to make such connection
to the World Wide Web, including a computer and modem or other access
device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide
true, accurate, current and complete information about yourself as prompted
by the Service's registration form (such information being the "Registration
Data") and (b) 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 NarrowboatShop.co.uk
has reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, NarrowboatShop.co.uk has the right to suspend
or terminate your account and refuse any and all current or future use
of the Service (or any portion thereof).
4. NARROWBOATSHOP.CO.UK PRIVACY POLICY
Registration Data and certain other information about you is subject
to our Privacy Policy. For more information, please see our full privacy
policy at http://www.narrowboatshop.co.uk/privacypolicy.asp.
5. SELLER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible
for all activities that occur under your password or account. You agree
to (a) immediately notify NarrowboatShop.co.uk of any unauthorised use
of your password or account and any other breach of security, and (b)
ensure that you exit from your account at the end of each session using
the log-out link. NarrowboatShop.co.uk cannot and will not be liable for
any loss or damage arising from your failure to comply with this Section
5.
6. MEMBER CONDUCT
You acknowledge that all information, data, text, photographs, graphics,
messages and 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 NarrowboatShop.co.uk
are entirely responsible for all Content that you upload, post, email
or otherwise transmit via the Service. NarrowboatShop.co.uk does not control
the Content posted via the Service and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You acknowledge that by
using the Service, you may be exposed to Content that is offensive, indecent
or objectionable. Under no circumstances will NarrowboatShop.co.uk be
liable in any way for any Content, including, but not limited to, for
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 to not use the Service to:
upload, post, email or otherwise transmit any Content that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libellous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a NarrowboatShop.co.uk
official or host, or falsely state or otherwise misrepresent your affiliation
with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service;
upload, post, email 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 nondisclosure agreements);
upload, post, email or otherwise transmit any Content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights
("Rights") of any party;
upload, post, email or otherwise transmit any unsolicited or unauthorised
advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form
of solicitation;
upload, post, email or otherwise transmit any material that contains software
viruses or any other computer code, files or programs designed to interrupt,
damage, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
interfere with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the Service;
intentionally or unintentionally violate any applicable law or regulation
including, but not limited to, regulations promulgated by any securities
exchange;
"stalk" or otherwise harass another; or
collect or store personal data about other users.
You acknowledge that NarrowboatShop.co.uk does not pre-screen Content,
but that NarrowboatShop.co.uk and its designees shall have the right (but
not the obligation) in their sole discretion to refuse or move any Content
that is available via the Service. Without limiting the foregoing, NarrowboatShop.co.uk
and its designees shall have the right to remove any Content that violates
the TOS or is otherwise 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 NarrowboatShop.co.uk or submitted to NarrowboatShop.co.uk including
without limitation information in NarrowboatShop.co.uk advertisements
and in all other parts of the Service.
You agree that NarrowboatShop.co.uk may access, preserve, and disclose
your account information and Content: (a) for the purpose of properly
administering your account in accordance with the standard operating procedures
of NarrowboatShop.co.uk; and (b) if required to do so by law or in the
good faith belief that any such access, preservation or disclosure is
reasonably necessary to: (i) comply with legal process; (ii) enforce the
TOS; (iii) respond to claims that any Content violates the rights of third-parties;
(iv) respond to your requests for customer service; or (v) protect the
rights, property, or personal safety of NarrowboatShop.co.uk, its users
and the public.
You acknowledge that the technical processing and transmission of the
Service, including your Content, may involve transmissions over various
networks and changes to conform and adapt to technical requirements of
connecting networks or devices. NarrowboatShop.co.uk reserves the right
to terminate your access to some or all parts of its Service if you withdraw
your consent in this paragraph at any time.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognising the global nature of the Internet, you agree to comply with
all local laws and rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United Kingdom, the United
States and the country in which you reside (if different from the aforementioned).
8. PUBLIC CONTENT POSTED TO NARROWBOATSHOP.CO.UK
(a) For purposes of the TOS, "publicly accessible areas" of
the Service are those accessible by the general public.
(b) With respect to Content you elect to post for inclusion in publicly
accessible areas of NarrowboatShop.co.uk or that consists of photos or
other graphics you elect to post to any other publicly accessible area
of the Service, you grant NarrowboatShop.co.uk a world-wide, royalty free
and non-exclusive licence to reproduce, modify, adapt and publish such
Content on the Service solely for the purpose of displaying, distributing
and promoting the Service, or, in the case of photos or graphics, solely
for the purpose for which such photo or graphic was submitted to the Service.
This licence exists only for as long as you elect to continue to include
such Content on the Service and shall be terminated at the time you delete
such Content from the Service.
(c) With respect to all other Content you elect to post to other publicly
accessible areas of the Service, you grant NarrowboatShop.co.uk the royalty-free,
perpetual, irrevocable, non-exclusive and fully sub-licensable right and
licence to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, perform and display such Content (in whole or
part) worldwide and/or to incorporate it in other works in any form, media,
or technology now known or later developed.
9. INDEMNITY
You agree to indemnify and hold NarrowboatShop.co.uk and its subsidiaries,
officers, agents, other partners, and employees, harmless from any claim
or demand, including reasonable attorneys' fees, made by any third party
due to or arising out of Content you submit, post to or transmit through
the Service, your use of the Service, your connection to the Service,
your violation of the TOS, or your violation of any rights of another.
10. 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.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that NarrowboatShop.co.uk may establish general practices
and limits concerning use of the Service, including with out limitation
the maximum number of days that advertisements and other uploaded Content
will be retained by the Service, the maximum size of any uploaded images,
the maximum disk space that will be allotted on NarrowboatShop.co.uk's
servers on your behalf, and the maximum number of times (and the maximum
duration for which) you may access the Service in a given period of time.
You agree that NarrowboatShop.co.uk has no responsibility or liability
for the deletion or failure to store any messages and other communications
or other Content maintained or transmitted by the Service. You acknowledge
that NarrowboatShop.co.uk reserves the right to log off accounts that
are inactive for an extended period of time. You further acknowledge that
NarrowboatShop.co.uk reserves the right to change these general practices
and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
NarrowboatShop.co.uk reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice. You agree that NarrowboatShop.co.uk
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
13. TERMINATION
You agree that NarrowboatShop.co.uk in its sole discretion, may terminate
your password, account (or any part thereof) or use of the Service, and
remove and discard any Content within the Service, for any reason, including,
without limitation, for lack of use or if NarrowboatShop.co.uk believes
that you have violated or acted inconsistently with the letter or spirit
of the TOS. NarrowboatShop.co.uk 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 this TOS may be effected without prior
notice, and acknowledge and agree that NarrowboatShop.co.uk may immediately
deactivate or delete your account and all related information and files
in your account and/or bar any further access to such files or the Service.
Further, you agree that NarrowboatShop.co.uk shall not be liable to you
or any third-party for any termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS AND MERCHANTS
Your correspondence or business dealings with, or participation in promotions
of, advertisers and merchants 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 or merchant. To the fullest
extent permitted by applicable law, you agree that: (a) NarrowboatShop.co.uk
shall not be responsible or liable for any loss or damage of any kind
incurred as the result of any such dealings or as the result of the presence
of such advertisers and merchants on the Service, and (b) any orders placed
by you on, and any product specifications and product availability appearing
on, the Service are subject to confirmation by, and the terms and conditions
of business of, the relevant Merchant.
15. LINKS
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because NarrowboatShop.co.uk has no
control over such sites and resources, you acknowledge and agree that
NarrowboatShop.co.uk 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, or other materials on or available
from such sites or resources. You further acknowledge and agree that NarrowboatShop.co.uk
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.
16. DISCLAIMERS
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO TH E FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, NARROWBOATSHOP.CO.UK EXPRESSLY DISCLAIMS
ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS
TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL
OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
NARROWBOATSHOP.CO.UK MAKES NO WARRANTY OR REPRESENTATION 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 WIL L BE ACCURATE OR RELIABLE, (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTA INED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
(V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
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.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
NARROWBOATSHOP.CO.UK OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TOS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NARROWBOATSHOP.CO.UK 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 NARROWBOATSHOP.CO.UK
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) UNAUTHORIZED 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.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY
CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE
OF THESE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE
OF ACTION AROSE OR BE FOREVER BARRED.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND
17 MAY NOT APPLY TO YOU.
IN PARTICULAR, NOTHING IN THESE TOS SHALL AFFECT THE STATUTORY RIGHTS
OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIA BIITY FOR DEATH OR PERSONAL
INJURY ARISING FROM THE NEGLIGENCE OR FRAUD OF NARROWBOATSHOP.CO.UK.
19. NOTICE
Notices to you may be made via either email or regular mail. The Service
may also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service.
20. COPYRIGHTS and COPYRIGHT AGENTS
NarrowboatShop.co.uk respects the intellectual property of others, and
we ask our users to do the same. If you believe that any of your intellectual
property rights have been infringed on the Service, please go to our copyright
policy to report the problem.
21. GENERAL INFORMATION
These TOS (including the guides and rules referred to herein) constitute
the entire agreement between you and NarrowboatShop.co.uk and govern your
use of the Service, superseding any prior agreements between you and NarrowboatShop.co.uk
You also may be subject to additional terms and conditions that may apply
when you use affiliate services, third-party content or third-party software.
The TOS and the relationship between you and NarrowboatShop.co.uk shall
be governed by the laws of England. You and NarrowboatShop.co.uk agree
to submit to the exclusive jurisdiction of the English courts. Any failure
by NarrowboatShop.co.uk to exercise or enforce any right or provision
of the TOS shall not constitute a waiver of such right or provision. If
any provision of the TOS is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should endeavour
to give effect to the parties' intentions as reflected in the provision,
and the other provisions of the TOS remain in full force and effect.
The section titles in the TOS are for convenience only and have no legal
or contractual effect.
22. VIOLATIONS
Please report any violations of the TOS to the NarrowboatShop.co.uk Administrator.
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