User Rules and Regulations
Rules & Regulations#Last revision:22 March 2010
The damnedenglish.info (”We”, “we”, “Us”) website (our “Site”) provides a conduit for an essentially English perspective and associated entertainment; a forum for users (”You”, “you”) to engage in dialogue and the exchange of opinions and ideas with each other. With the opportunity to view and comment upon the niche theme of our Service, (our Site and such services, collectively, our “Service”). The use of our Service is subject to the following Rules and Regulations (these “Rules and Regulations”). We reserve the right to make changes to these Rules and Regulations at any time and your continued use of this Site constitutes your acceptance of such changes. Accordingly, you should review these Rules and Regulations from time to time for such changes.
USER RESPONSIBILITYWhen using our Service, you agree to act responsibly, in a fit and proper manner demonstrating the exercise of due diligence. For example and without limitation, you agree not to: violate any applicable law or regulation; infringe the rights of any third party, including without limitation, intellectual property or contractual rights; use the information available through our Service for any unauthorized purpose; interfere with or damage our Service, including, without limitation, through the use of viruses, subversive software, Trojan horses, harmful codes, denial of service attacks, IP spoofing, fake routing or electronic mail address information or any detremental technology; use our Service to transmit, disseminate any information concerning any other person or entity, including without limitation, photographs of others, personal contact information or credit, debit, calling card or account numbers; use our Service in connection with the distribution of unsolicited commercial email or advertisements; stalk or harass any other user of our Service; collect or store any information about any other user other than in the course of the permitted use of our Service; use our Service for any unauthorised commercial purpose whatsoever or assist any third party in doing any of the foregoing.
You are solely responsible for your interactions with other users of our Service. We will not be responsible for any damage or harm resulting from your interactions with other users of our Service. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Service and take any other action in good faith to restrict access to or the availability of any material that we or another user of our Service may consider to be overtly obscene, excessively violent, consciously harassing or otherwise objectionable.
PRIVACYWe understand the concerns that you may have about your privacy and respect your right to protect your personal information while online. However, our Service is designed to allow users to post material and information about themselves for public review and comment. Accordingly, by submitting your material and/or any personal information, you thereby waive any privacy expectations you have with respect to our use of identity or personal information provided to us. If you do not wish to have your identity or information about yourself viewed by or disclosed to others, do not use our Service. We may collect certain other personal information from you that we do not post on our Site. In most cases, we do not intentionally transfer this information to unaffiliated third parties without your consent. However, we reserve the right to transfer such information without your consent to prevent an emergency, to protect or enforce our rights, to protect or enforce the rights of a third party or in response to a court order or warent as otherwise required or permitted by law. In addition, we provide this personal information to third-party service providers who help us maintain our Service and deliver information and services to you and other users of our Service. Finally by submitting your personal information,say by e-mail, you thereby grant us the right to send you by e-mail promotional material which is related to the usage of this site.
AGEOur Service is intended for persons of a mature outlook and we will not knowingly permit anyone under the age of consent to use our Service.
USER CONTENTBy posting any content (including without limitation, your visual image) to our Site, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, and for any purpose.
You are solely responsible for any content that you post or transmit through our Service. You agree not to post or submit any content that; subjects the Site or the administrator to libel, defamation or slander action; any content which denigrates without just cause, by depiction or otherwise, or sexually exploits images or the likeness of individuals under 18 years of age; encourages or otherwise depicts glamorized drug abuse, or may incite individuals to imitate such practices; makes unwarrented use of offensive language or images; or characterizes gratuitous violence as acceptable, glamorous or desirable.
We have no obligation to post any content that you or anyone else submits. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any content.
THIRD PARTY CONTENTWhilst using our Service, you may access content from third parties (”Third Party Content”), either through our Service or through links to third party websites. We do not control Third Party Content and make no representations or warranties about it. You agree that by using our Service, you may be exposed to Third Party Content that is false, offensive, indecent or otherwise objectionable. Under no circumstances will we be liable in any way for any Third Party Content, including, without limitation, any errors or omissions in any Third Party Content or any loss or damage of any kind incurred as a result of the use of any Third Party Content posted, stored or transmitted via our Service. You agree that you must evaluate, and bear all risks associated with, Third Party Content, including without limitation, profiles of other users of our Service.
PROPRIETARY RIGHTSYou agree that all content and materials available on our Site are protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on our Site. Notwithstanding the above, you may use the content and materials on our Site in the course of your normal, personal, non-commercial use of our Service.
You agree not to systematically retrieve data or other content or any materials from our Site to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of subversive software or otherwise. You agree not to use of any of our trademarks as metatags on other web sites. You agree not to display any of our Site in a frame (or any of our content through in-line links) without our express written permission, which may be requested by contacting us at the Site.. You may, however, establish ordinary links to the homepage of our Site without our written permission.
LOGIN : USERNAME AND PASSWORDYou will select a username and password when completing a registration process. You are solely and fully responsible for maintaining the confidentiality of your username and password, and are solely and fully responsible for all activities that occur under your username and password. You agree to: immediately notify us of any unauthorized use of your username and password or any other breach of security and ensure that you log off from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
TERMINATIONYou agree that we, in our sole and unfettered discretion, may terminate your access to our Service for any reason, including, without limitation, your breach of these Rules and Regulations. You agree that any termination of your access to our Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete any of your accounts and all related information and files in such accounts and/or bar any further access to such files or our Service. Further, you agree that we will not be liable to you or any third party for any termination of your access to our Service.
DISCONTINUANCE OF SERVICEWe reserve the right at any time to modify or discontinue, temporarily or permanently, any portion of our Service with or without prior notice. You agree that we will not be liable to you or to any third party for any modification or discontinuance of our Service.
The website does not guarantee or warrant the compatibility of your equipment, computer or software, including but not limited to, the type of computer, computer configuration, browser software, other software, Internet account, TCP/IP, or online service. The website is not responsible for any interruption in service or inability to access the website due to technical difficulties or failure of the Internet, WorldWideWeb, phone lines, switching or any other causes beyond its control.
WARRANTIESYou hereby represent and warrant to us that: you have the full power and authority to enter into and perform under these Rules and Regulations; your use of our Service will not infringe the copyright, trademark, right of publicity or any other legal right of any third party; you will comply with all applicable laws in using our Service and in engaging in all other activities arising from, relating to or connected with these Rules and Regulations, including, without limitation, contacting other users of our Service and furthermore you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate the rights of any third party.
DISCLAIMER OF WARRANTIESYou agree that: if you use our Service, you do so at your own and sile risk; use of our Service is provided on an as seen and as available basis. We expressly disclaim all warranties of any kind, whether expressed or implied, including, without limitation, implied warranties, merchantile warranties, fitnrss for a particular purpose and non-infringement.
damnedenglish.info do not warrant that: our Service will meet your requirements; our Service will be uninterrupted, timely, secure or error free; any information obtained on our Service will be accurate or reliable; the quality of any products, services, real or virtual, or any other material bought or obtained by you through, or by reason, of our Service will meet your expectations.
If you access or disseminate, electronically or otherwise, any content through the use of our Service, you do so at your own discretion and your sole risk; hence you are solely responsible for any loss or damage to you in connection with such actions.
No data, information or advice obtained by you in oral or written form from us or through,or from, our Service will create any warranty not expressly stated in these Rules and Regulations.
LIABILITY LIMITATIONSYou agree that we will not be liable for any direct, indirect, incidental, consequential or exemplary damages even if we have been advised of the possibility of such damages, arising from, relating to or connected with: the use or inability to use our Service; the cost of replacement of any goods, services or information bought or obtained as a consequence of any information obtained from or by transactions entered into through or from our Service;disclosure of, unauthorised access to or alteration of your content; omissions of any service providers or other third party on our Service, or any other matters arising from, relating to or connected with our Service or these Rules and Regulations.
We will not be liable for any failure or delay in performance under these Rules and Regulations where such failure or delay is due to causes beyond our reasonable control, including natural catastrophies, governmental acts or omissions, new laws or juristictions, terrorist acts, industrial unrest, including strike action, communication systems, hardware or software, failures, transportation delay or stoppages, or the inability to procure supplies or materials.
In no eventuality will our aggregate liability to you or any third party in any matter arising from, relating to or connected with our Service or these Rules and Regulations exceed the de minima amount of GBP £1.00.Some juristictions do not allow for the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, accordingly, some of the limitations may not apply to you.
You agree to defend, indemnify and hold us harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, reasonable legal fees, incurred in connection with any legal action or proceedings brought against us arising out of your use of our Service or alleging facts or circumstances that could constitute a breach of any provision of these Rules and Regulations by you. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
SUBSCRIPTION/ MEMBERSHIP [ Where applicable]Refunds - We have a no charge back policy, and refunds are possible by request through e-mail to the administrator and explaining the reason for your dissatisfaction. Be aware that if a large amount of content was downloaded a refund will not be possible. Be as clear and concise as possible about why you are canceling and desire a refund.
Cancellations - Subscription to the service may be terminated at any time, and without cause, by the administrator, the site or the subscriber upon notification of the other party by e-mail. Subscribers are liable for charges incurred by them until termination of service.
Frauds - You hereby agree that all fraud and misuse of your chargecard (credit or debit card) will be promptly reported. You also agree that any disputes with billing (for all payment method, i.e. credit card, online check), delivery, or service quality will be addressed and investigated through damnedenglush.info. Any charges disputed with your issuing bank or financial institution without first contacting us for resolution may be construed as an attempt to defraud damnedenglish.info. Liquidated damages may be assessed by us., in its discretion, against any individual who fraudulently obtains a membership or whose transaction later results in a chargeback to the account. Member agrees that the liquidated damage amount above is reasonable, does not constitute a penalty, and is being established due to the difficulties and inconvenience associated with attempting to establish the exact amount of loss which may be sustained by damnedenglish.info. due to excessive chargebacks to the account. Said individual shall indemnify and hold damnedenglish.info. harmless from any and all claims, fines or other damages imposed by any credit card company or other entity due to excessive chargebacks which are the cumulative result of said individuals fraudulent actions.
Complaints and Disputes - If you have any complaint you should contact the administrator and we will contact you at the earliest. All reasonable care will be taken to resolve your complaint in a mutually satisfactory way.
OTHER MATTERSThese Rules and Regulations shall be interpreted in accordance with the laws of England without reference to conflict of law principles. These Rules and Regulations contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. No failure or delay by a party in exercising any right, power or privilege under these Rules and Regulations shall operate as a waiver thereof. The invalidity or unenforceability of any of these Rules and Regulations shall not affect the validity or enforceability of any other of these Rules and Regulations, all of which shall remain in full force and effect.
Administrator
22 March 2010