LEGAL
ComUnity Systems Limited, a British Limited Liability Corporation (“ComUnity”) makes
information, products, and services available on this website, subject to the following terms
and conditions (“Terms”). By accessing this site, you agree to be bound by these Terms. Further,
your use of this website is subject to those additional terms and conditions provided by
ComUnity and, subject
to ComUnity’s sole discretion, applicable to certain information, products, and services
offerings available through this website. The Additional Terms include, but are not limited to,
sales agreements,
receipts, license agreements, supplementary user agreements, and the Privacy Policy and other
agreements (collectively, “Additional Terms”). The Additional Terms are hereby incorporated by
reference into these Terms (if there is any conflict between the Additional Terms and these
Terms, the former shall prevail). ComUnity reserves the right to change these Terms, and/or the
products, services,
prices, and programs mentioned in this website, at any time, at its sole discretion, without
notice. ComUnity reserves the right to seek all remedies available by law and in equity for any
violation of these
Terms. Any rights not expressly granted herein are reserved.
1. If you are using this website on behalf of your employer, you represent that you are
authorized to accept these terms and conditions on your employer’s behalf. Further, you
acknowledge that you are
13 years of age or older, and, if under the age of 18, are using this website under the
active supervision of a parent, legal guardian, or other responsible adult. Children
under the age of 13 are not allowed
to use this website or transmit or otherwise submit personal information to ComUnity.
2. Any software that is made available to download by or through this website
(“Software”) is the copyrighted work of ComUnity and/or its suppliers. Use of the
Software is governed by the terms of the
end user license agreement, if any, which accompanies or is included with the Software
(“License Agreement”). An end user will be unable to install any Software that is
accompanied by or includes a
License Agreement, unless he or she first agrees to the License Agreement terms.
3. The Software is made available for downloading solely for use by end users according
to the License Agreement. Any reproduction or redistribution of the Software not in
accordance with the
License Agreement is expressly prohibited by law, and may result in civil and criminal
penalties. Violators will be prosecuted to the maximum extent permitted under law and
equity. Without limiting the
foregoing, copying or reproduction of the software to any other server or location for
further reproduction or redistribution is expressly prohibited, unless such reproduction
or redistribution is expressly
permitted by the license agreement accompanying such software. The software is
warranted, if at all, only according to the terms of the license agreement. Except as
warranted in the license agreement,
ComUnity and/or its respective suppliers hereby disclaim all warranties and conditions
with regard to the software and any related services, including all implied warranties
and conditions of merchantability, fitness for a particular purpose, title, and
non-infringement. You may download, view, copy, and print documents incorporated in
these documents (the “Documents”) from this website subject to
the following: (a) the Documents may be used solely for personal, informational,
non-commercial purposes; and (b) the Documents may not be modified or altered in any
way. You may not use, download,
upload, copy, print, display, perform, reproduce, publish, license, post, transmit, or
distribute any information from this website in whole or in part without the express
written authorization of ComUnity.
Documents specified above do not include the design or layout of this website or any
other ComUnity owned, operated, licensed, or controlled website. Elements of ComUnity
websites are protected by
trade dress, trademark, unfair competition, and other laws and may not be copied or
imitated in whole or in part. No logo, graphic, sound, or image from any ComUnity
website may be copied or retransmitted unless expressly permitted in writing by
ComUnity.
4. ComUnity and/or its respective suppliers make no representations about the
suitability of the information contained in the information, content, documents, and
related graphics published on this
website for any purpose. All such information, content, documents, and related graphics
are provided for your use at your own risk and “as is” without warranty of any kind.
ComUnity and/or its respective suppliers hereby disclaim all warranties and conditions
with regard to this information, content, documents, and related graphics, including all
implied warranties and conditions of merchantability,
fitness for a particular purpose, title, and non-infringement. In no event shall
ComUnity and/or its respective suppliers be liable for any special, indirect, or
consequential damages or any damages whatsoever resulting from loss of use, data, or
profits, whether in an action of equity, contract, negligence, or other tortious action,
arising out of or in connection with the use or performance of software, information,
content, documents, related graphics, provision of or failure to provide software or
services available from or through this website. The information, content, documents,
and related graphics
published on this website could include technical inaccuracies, or errors, and ComUnity
is not responsible for omissions. Changes are periodically added to the information
herein. ComUnity and/or its
respective suppliers may, but are not obligated to, make improvements and/or changes in
the information, service(s), product(s), and/or the program(s) described herein at any
time.
5. Pursuant to title 17, united states code, section 512(c)(2), notifications of claimed
copyright infringement should be sent to ComUnity’s legal department. All inquiries
failing to follow this procedure
will not receive a response.
6. The links in this website will let you leave ComUnity’s site. The linked sites are
not under the control of ComUnity and ComUnity is not responsible for the contents of
any linked site or any link
contained in a linked site, or any changes or updates to such sites. ComUnity is not
responsible for webcasting or any other form of transmission received from any linked
site. ComUnity is providing these
links to you only as a convenience, and the inclusion of any link does not imply
endorsement by ComUnity of this website.
7. ComUnity, including its employees, does not accept or consider unsolicited ideas,
including ideas for new advertising campaigns, new promotions, new products or
technologies, processes, materials, marketing plans, or new product names. Please do not
send any original creative artwork, samples, demos, or other works. The sole purpose of
this policy is to avoid potential misunderstandings or
disputes when ComUnity’s products or marketing strategies might seem similar to ideas
submitted to ComUnity. If, despite our request that you not send us your ideas and
materials, you still send them,
ComUnity makes no assurances that your ideas and materials will be treated as
confidential or proprietary.
8. “Forum” means a discussion group, chat area, bulletin board, news group, feedback,
letter to ComUnity, its webmaster or employees, or e-mail function offered as part of
this website. You agree not to
upload, email, post, publish or otherwise transmit through a Forum any content that: (a)
is false or misleading; (b) is defamatory; (c) is harassing or invades another’s
privacy, or promotes bigotry, racism,
hatred or harm against any group or individual; (d) is obscene; (e) infringes another’s
rights, including but not limited to intellectual property rights; (f) constitutes
unsolicited bulk e-mail, “junk mail,”
“spam” or chain letters; or (g) violates any laws or regulations. Forums shall be used
in a noncommercial manner only. You shall not distribute or otherwise publish any
content containing a solicitation of
funds, promotion, advertising, solicitation for goods or services, or other commercial
matter. You agree not to solicit other users of this website to use or join or become
members of any commercial online
or offline service or other organization. Except where expressly authorized by ComUnity,
you agree not to collect or store personal data about other users. By uploading,
emailing, posting, publishing or
otherwise transmitting content to any Forum or submitting any content to ComUnity, you
acknowledge that such content is nonconfidential and automatically grant (or warrant
that the owner of such
rights has expressly granted) ComUnity a perpetual, royalty-free, irrevocable,
nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and
distribute such content on in any form,
medium, or technology now known or later developed. In addition, you warrant that all
so-called moral rights in the content have been waived.
9. We reserve the right to release information to the proper authorities, as a result of
a violation of these Terms, our standards, or unlawful acts, if the information is
subpoenaed and/or if we deem it necessary and/or appropriate. Further, you agree that
ComUnity may, in its sole discretion, at any time terminate your access to this website
and any account(s) you may have in connection with this website.
Access to this website may be monitored by ComUnity.
10. These Terms shall be governed and constructed in accordance with the laws of the
United Kingdom without regard to conflicts of law provisions. Sole and exclusive
jurisdiction for any action or proceeding arising out of or related to this Agreement
shall be the United Kingdom. If for any reason a court of competent jurisdiction finds
any provision of these Terms, or any portion thereof, to be unenforceable, that
provision shall be enforced to the maximum extent permissible so as to affect the intent
of these Terms, and the remainder of these Terms shall continue in full force and
effect.
11. You shall defend or settle at your sole expense any claim or suit, including without
limitation any proceeding, investigation or claim by a self-regulatory organization,
state or federal securities
agency or commission, (collectively, an “Action”) against ComUnity and/or each of its
affiliates, directors, officers, agents, employees, or licensees (collectively, the
“Indemnitee”) to the fullest extent
permitted by law arising out of or in connection with: (1) an assertion that the
information, content, or other materials or services provided or made available by you,
or the use thereof, may infringe any
copyright, trademark, or other intellectual property rights of any individual or entity,
or are a misappropriation of any individual or entity’s trade secret, or contain any
libelous, defamatory, disparaging, pornographic, or obscene materials; (2) any breach by
you of your obligations under these Terms; (3) your use of this website, including the
information, content, services, and/or products provided
therein; and/or (4) any content provided by you in a Forum. You shall indemnify and hold
harmless the Indemnitee from and against any and all damages, costs, liabilities, and
attorneys’ fees incurred in
defending and/or resolving such Action. The foregoing indemnities shall survive
expiration or termination of these Terms.
12. Notices to ComUnity under this Agreement shall be sufficient only if in writing and
transmitted via personal delivery or delivered by a major commercial rapid delivery
courier service or by certified
or registered mail, return receipt requested, to: ComUnity Corporation, Attention: Legal
Department, 8 High Street, Brentwood, Essex, CM14 4AB, United Kingdom.
13. These Terms contain the entire agreement between you and ComUnity with respect to
this website and supersede all prior or contemporaneous communications and proposals,
whether electronic,
oral or written, between you and ComUnity with respect to this website. You hereby
acknowledge that you shall have no power or authority to assume or create any obligation
or responsibility on behalf
of ComUnity. These Terms may only be modified, and a party may only waive its rights
under these Terms, by a written document executed by both parties. Any failure to
enforce any provision of these
Terms shall not constitute a waiver thereof or of any other provision hereof.If you have
any questions about this legal notice, the practices of this site, or your dealings with
us, contact us at info@comunityplatform.com