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THE BIG SWITCH
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TERMS & CONDITIONS (The small print)Welcome to "The Big Switch"Your Acceptance of Terms How To Contact Us Your Registration Online Privacy Notice Trademarks and Copyrights Your Use of Material Our Obligations and Limitations on Liability Submissions, Postings and E-mails System Abuse Security Service Local Regulations Indemnity Our Use of Content Third Party Sites You acknowledge and agree that: Proprietary Online Services Jurisdictional Issues Welcome to "The Big Switch" (the "Site"). Thank you for visiting we hope the information is both useful and informative. It is important to us that you, and our other visitors, have the best possible time while using our Site, and that when you use this Site you are fully aware of our respective legal rights and obligations. For that reason, we have created these Terms of Use as the legally binding terms to govern your use of this Site. Please read these Terms of Use carefully before using the Site, because they affect your legal rights and obligations. Your Acceptance of Terms If you do not agree with any of these Terms of Use please do not use this Site, because by using this Site you will be deemed to have irrevocably agreed to these Terms of Use. Areas of this Site within the proprietary online service offered by "The Big Switch" and specific services or competitions may be subject to additional terms and conditions, which you should read carefully before making any use of those areas, services or competitions. Any such terms will not vary or replace these Terms of Use regarding any use of this Site, unless otherwise expressly stated. Please note that these Terms of Use may be revised and reissued by us at our sole discretion without notice at any time by updating this posting. Any such revisions may include extending the Terms of Use to include other terms and conditions applicable to specific products offered by us from time to time. You should visit this page regularly to review the current Terms of Use, since your continued use of the Site will be deemed as irrevocable acceptance of any revisions. These Terms of Use were last updated on July 18, 2003. How To Contact Us This Site is controlled and operated by Greatorex Hughes Limited ("GHL"), Registered Office at: Glebe House, Harford Square, Chew Magna, Bristol, BS40 8RA United Kingdom Please forward any complaints to privacy @ thebigswitch.co.uk Please forward any questions or general correspondence to info @ thebigswitch.co.uk Your Registration To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide will be correct, current, and complete. You agree to notify "The Big Switch" immediately of any changes which are relevant to your registration. If we at "The Big Switch" believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account. Online Privacy Notice Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this site. Click here to show this notice, (although please note that this does not form part of these Terms of Use). Trademarks and Copyrights This Site and all materials, characters, logos or other images incorporated by "The Big Switch" on this Site ("Material") are protected by copyrights, trade marks or other intellectual property rights ("Rights"). A list of certain of the Rights can be found here, and that list forms part of these Terms of Use. "The Big Switch" respects the intellectual property rights of others and asks users of this Site to do the same. Your use of the Site carries with it no rights in relation to "The Big Switch's" or third parties' Rights. All right, title or interest (including all Rights) in the Site belongs to "The Big Switch" and you acquire no proprietary interest in the Site. Your Use of Material Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms of Use and all applicable laws and regulations. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms of Use may be a violation of the Rights and is prohibited. You may not remove or obscure the copyright notice or other notices contained in the Site or anything retrieved or downloaded from the Site. The Material and all other content on this Site may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed, saved, modified, publicly performed or used for any purposes, whether commercial or non-commercial, unless specifically authorised by "The Big Switch", except to the extent necessarily required in order for you to display, use and navigate the Site. Any authorisation to copy Material granted by "The Big Switch" in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, you may not decompile, reverse engineer, disassemble, rent, lease, loan, sublicense or create derivative works from the Site or any of the Material, which includes the information and software made available therein. Our Obligations and Limitations on Liability "The Big Switch" agrees to use its reasonable endeavours to maintain the Site in a fully operating condition and error free. As "The Big Switch" cannot guarantee that the Site will always be fully operational or error free it does not accept responsibility for any defects that may exist or for any costs or losses arising from your use of or inability to access the Site. Whilst "The Big Switch" takes reasonable precautions to ensure that any downloads it makes available will be virus free "The Big Switch" does not warrant that any downloads will be virus free and will not cause interruptions with your computer systems. "The Big Switch" excludes, to the fullest extent permitted by applicable laws, and save in respect of death or personal injury arising from our negligence, all liability for any claims, losses, demands and damages arising directly or indirectly out of or in any way connected with the Site or its unavailability. This exclusion shall apply in respect of, without limitation, any interruption of services, lost profits, loss of contracts or business opportunity, loss of data, or any other consequential, incidental, special, or punitive damages arising out of the Site, even if "The Big Switch" has been advised of the possibility of such damages, whether arising in contract, tort, under statute or otherwise. Submissions, Postings and E-mails Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognise that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You understand and agree that all materials publicly posted (other than by "The Big Switch") or privately transmitted on or through this Site are the sole responsibility of the sender, not "The Big Switch", and that you are responsible for all material you upload, post or otherwise transmit to or through this Site. System Abuse Without limitation, you agree not to send, create or reply to so called "mailbombs" (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in "spamming"(i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely effect the operation or enjoyment of this Site by any other person. You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Site. Security Any passwords used for this Site are for individual use only. You shall be responsible for the security of your password (if any). "The Big Switch" shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that "The Big Switch" considers insecure, "The Big Switch" will be entitled to require this to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, "The Big Switch" reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Service In order to use this Site, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem and/or other access devices). "The Big Switch", reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use. "The Big Switch" reserves the right to suspend, restrict, or terminate access to the Site and/or edit, refuse to post or remove any material you submit for any reason at any time. Local Regulations "The Big Switch" makes no representation that Materials or other content in the Site are appropriate or available for use outside the United Kingdom. If you choose to access the Site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. Indemnity You agree to indemnify and hold harmless "The Big Switch" and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable legal fees, resulting from the breach by you or any person who may be authorised by you or for whom you are responsible (for example as employer) of any of these Terms of Use and/or from your placement or transmission of any content onto "The Big Switch" servers, and/or from any and all use of your account. Our Use of Content "The Big Switch" will consider anything you provide to "The Big Switch" and/or contribute to this Site as available for our use free of any obligations to you, except where we have expressly solicited Invited Submissions and those submissions are expressly governed by Additional Terms appearing elsewhere on this Site (see 'Submissions, Postings and E-mails' above), in which event those Additional Terms will determine how we will treat your Invited Submissions. Subject to the provisions of any Additional Terms, by posting or uploading any content to this Site and/or providing any communication or material to "The Big Switch" ("User Content"), you automatically and irrevocably: (a) grant to "The Big Switch" a perpetual worldwide royalty free licence for "The Big Switch" and/or for any person authorised by "The Big Switch", by any means and in all media now known or hereafter devised without payment or other reference to you or any other person, to use, reproduce, distribute, modify, publish, display, broadcast, transmit and make available to users of the Site, and/or to exploit in any other way, the User Content and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals); (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use; (d) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that "The Big Switch" shall not be liable for any use or disclosure of such User Content. Third Party Sites "The Big Switch" may provide links to other websites or resources and may post or make available content provided by third parties ("Third Party Content"). "The Big Switch's" role in providing Third Party Content is as distributor only and accordingly "The Big Switch" does not review, assess, examine or endorse such Third Party Content including the accuracy or reliability of any text, information, data, photographs, graphics, advertisements, promotions, representations or statements. In addition, "The Big Switch" does not know nor examines and accepts no duty to examine the use to which you or other users put the Site or the nature of the information you or users are sending or uploading and "The Big Switch" therefore excludes all liability of any kind (including for libel, breach of confidence, intellectual property right infringement, invasion of privacy and negligence) for the transmission or reception of such information of whatever nature by, about or to you. You acknowledge and agree that: unless "The Big Switch" expressly agrees otherwise, it is not responsible for services provided by third parties on the Site or for the availability of any sites or material you access through the Site; "The Big Switch" will not be party to any transaction or contract with a third party that you may enter into and that "The Big Switch" shall have no liability to you in respect of any such transaction, whether arising in contract, tort, under statute or otherwise; and you will not involve "The Big Switch" in any dispute between you and a third party. In particular, "The Big Switch" cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from "The Big Switch" since other shop channels are owned and operated by independent retailers. "The Big Switch" does not endorse any of the merchandise nor services, nor has "The Big Switch" taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. "The Big Switch" does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. Proprietary Online Services Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service. Jurisdictional Issues The Materials and all other content in this Site are presented solely for the purpose of providing information about "The Big Switch" and it's services. These Terms of Use shall be governed by and construed in accordance with English law and you irrevocably submit to the exclusive jurisdiction of the English courts. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein. |
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