January 6th, 2009
BigNoticeBoard.co.uk, Inc. (“BigNoticeBoard.co.uk” or “we”) operates BigNoticeBoard.co.uk, which is a public announcement service that allows Members to create unique notices online in order to publicise social events, advertise special offers, or arrange meetings/outings between like-minded folk. BigNoticeBoard.co.uk can be contacted at email@example.com. The services offered by BigNoticeBoard.co.uk include any BigNoticeBoard.co.uk branded URL including the BigNoticeBoard.co.uk Website, and any other facilities or content offered by BigNoticeBoard.co.uk in connection with its business (subsequently referred to collectively as the "BigNoticeBoard.co.uk Services").
By using the BigNoticeBoard.co.uk Services you are agreeing to the conditions set out in this Agreement. You are not authorised to use the BigNoticeBoard.co.uk Service unless you are acting lawfully and within the terms of this agreement. Use of the website includes use as a “visitor” (you simply browse the content through any medium without registering) and use as a “member” (you have registered with BigNoticeBoard.co.uk). “Visitors” and “Members” will collectively be known as “Users”.
Leave the BigNoticeBoard.co.uk website now and terminate your use of all BigNoticeBoard.co.uk Services immediately if you are acting outside applicable laws or do not agree to abide by the terms of this Agreement. To become a member and be able to post Notices and Notice Pages you must read the Agreement. The act of posting a Notice indicates your acceptance of the terms of this Agreement.
We may change this agreement without prior notice. Any such changes will come into effect upon posting on the BigNoticeBoard.co.uk website. Your subsequent use of the website indicates your acceptance of the modified Agreement.
Any content that you publish through the BigNoticeBoard.co.uk Services must not include any unlawful or forbidden content outlined in section 8 below. BigNoticeBoard.co.uk accepts no responsibility or liability for content posted by other Members. Please report any content that violates the terms of this Agreement by clicking on the “report notice” link at the bottom of each Notice.
BigNoticeBoard.co.uk reserves the right, for any or no reason, to remove or refuse any posting or to refuse, suspend or end your membership or access to any section or the BigNoticeBoard.co.uk Services. And to do this without liability, in its sole discretion, with or without prior notice or explanation.
By registering with the BigNoticeBoard.co.uk Services you are agreeing that:
a) You are at least 13 years of age
b) All registration information that you provided is accurate and truthful and that this information is maintained and kept up to date.
c) By using the BigNoticeBoard.co.uk Services you are not breaching any regulations or laws.
If, at our sole discretion, we determine that you are misrepresenting yourself in any way or that you are breaching any laws or regulations, then your Membership may be invalidated and/or your Notices and/or any other content postings may be removed.
Whenever and while you use the BigNoticeBoard.co.uk Services, or are a registered Member, this Agreement or any subsequent revisions that have been posted to this website will be in effect.
Your BigNoticeBoard.co.uk Services Membership can be terminated at any time by you or by BigNoticeBoard.co.uk, with or without prior notice or explanation and without liability. BigNoticeBoard.co.uk reserves the right to take appropriate legal action for any illegal or unauthorized use of the BigNoticeBoard.co.uk Services.
BigNoticeBoard.co.uk reserves the right to charge for any of its services or parts thereof and to change the amount charged periodically.
5. Username and Password
As a Member you agree to take full responsibility for the confidentiality of your password. You are responsible for all use of your account and must immediately notify BigNoticeBoard.co.uk if your account has been accessed or used by an unauthorised third party. You agree not to reveal your password to other parties, and to never use another Member’s account or account details. Collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited emails is expressly forbidden.
6. Proprietary Rights in Content on BigNoticeBoard.co.uk.
6.1 You retain all ownership rights to any content that you post onto the BigNoticeBoard.co.uk Services. However, by posting on the BigNoticeBoard.co.uk Services you are granting BigNoticeBoard.co.uk a non-exclusive, fully-paid, royalty-free, limited license to change and distribute that content in part or in its entirety, through the BigNoticeBoard.co.uk Services and also through the reproduction and distribution of the BigNoticeBoard.co.uk Website (in part or in full) through other media formats and channels. Under this license, BigNoticeBoard.co.uk may not sell your content. After content is removed from the BigNoticeBoard.co.uk Services, distribution of your content will stop as soon as is practical. When the distribution ends the license will expire.
6.2 You signify and certify that
a) You own the content that you post on the BigNoticeBoard.co.uk Service or you have the right to grant the license described in section 6.1
b) By posting your Content you are not in breach of any laws, contracts or are not violating the rights of any person or organisation.
c) You agree to pay any and all royalties, or money required of you for the use of any content that you post on the BigNoticeBoard.co.uk Services.
6.3 You may not copy, translate, modify, or distribute in any way any BigNoticeBoard.co.uk Services Content unless it has been posted by you under the terms layed out in section 6.2 of this agreement.
6.4 You recognise that it may be necessary for BigNoticeBoard.co.uk to alter the format of your content or perform other technical functions on your content in order to effectively provide our service and allow the use of your content throughout the whole of the BigNoticeBoard.co.uk Services.
7. Content Posted.
7.1 BigNoticeBoard.co.uk may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of BigNoticeBoard.co.uk violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. BigNoticeBoard.co.uk assumes no responsibility for monitoring the BigNoticeBoard.co.uk Services for inappropriate Content or conduct. If at any time BigNoticeBoard.co.uk chooses, in its sole discretion, to monitor the BigNoticeBoard.co.uk Services, BigNoticeBoard.co.uk nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
7.2 You are solely responsible for the Content that you post on or through any of the BigNoticeBoard.co.uk Services, and any material or information that you transmit to other Members and for your interactions with other Users.
7.3 You are solely responsible for ensuring that all Content that you post on or through any of the BigNoticeBoard.co.uk Services, and any material or information that you transmit to other Users, conforms to all applicable data protection and privacy laws, including ensuring that you have obtained the prior consent of any and all individuals whose personal information you use and/or disclose on or through BigNoticeBoard.co.uk.
8. Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the BigNoticeBoard.co.uk Services. BigNoticeBoard.co.uk reserves the right to investigate and take appropriate legal action against anyone who, in BigNoticeBoard.co.uk's sole discretion, violates this provision, including without limitation, removing the offending Content from the BigNoticeBoard.co.uk Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of BigNoticeBoard.co.uk:
8.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
8.2 harasses or advocates harassment of another person;
8.3 exploits people in a sexual or violent manner;
8.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
8.5 solicits personal information from anyone under 18;
8.6 publicly posts information that poses or creates a privacy or security risk to any person;
8.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
8.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
8.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
8.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
8.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
8.13 involves commercial activities and/or sales without prior written consent from BigNoticeBoard.co.uk such as contests, sweepstakes, barter, advertising, or pyramid schemes;
8.14 includes a photograph or video of another person that you have posted without that person's consent;
8.15 for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile;
8.16 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person; or
8.17 promotes propaganda and/or symbols of organizations which are unconstitutional or illegal in your country.
The following are examples of the kind of activity that is illegal or prohibited on the BigNoticeBoard.co.uk Website and through your use of the BigNoticeBoard.co.uk Services. BigNoticeBoard.co.uk reserves the right to investigate and take appropriate legal action against anyone who, in BigNoticeBoard.co.uk's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
8.18 criminal or tortuous activity, including child pornography, corruption of minors, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, intellectual property rights (including but not limited to copyright, trademark and patent infringement), or theft of trade or industrial secrets;
8.19 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the BigNoticeBoard.co.uk Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, BigNoticeBoard.co.uk reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which BigNoticeBoard.co.uk deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the BigNoticeBoard.co.uk Services, you acknowledge that you will have caused substantial harm to BigNoticeBoard.co.uk, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay BigNoticeBoard.co.uk £50 for each such unsolicited email or other unauthorized commercial communication you send through the BigNoticeBoard.co.uk Services;
8.20 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the BigNoticeBoard.co.uk Services;
8.21 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
8.22 covering or obscuring the banner advertisements on your notice pages, or any BigNoticeBoard.co.uk page via HTML/CSS or any other means;
8.23 any automated use of the system, including but not limited to, using scripts to send comments or messages;
8.24 interfering with, disrupting, or creating an undue burden on the BigNoticeBoard.co.uk Services or the networks or services connected to the BigNoticeBoard.co.uk Services;
8.25 impersonating or attempting to impersonate another Member, person or entity;
8.27 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
8.28 selling or otherwise transferring your notices;
8.29 using any information obtained from the BigNoticeBoard.co.uk Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
8.30 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the BigNoticeBoard.co.uk Services on behalf of that person such as placing commercial content on your notice pages.
8.31 using the BigNoticeBoard.co.uk Services in a manner inconsistent with any and all applicable laws and regulations.
9.Protecting Copyrights and Other Intellectual Property. BigNoticeBoard.co.uk respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. BigNoticeBoard.co.uk has the right to terminate the Membership of infringers.
10. Member Disputes. You are solely responsible for your interactions with other BigNoticeBoard.co.uk Members. BigNoticeBoard.co.uk reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
12. Disclaimers. BigNoticeBoard.co.uk is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the BigNoticeBoard.co.uk Services, whether caused by Users of the BigNoticeBoard.co.uk Services or by any of the equipment or programming associated with or utilized in the BigNoticeBoard.co.uk Services and such User Content does not necessarily reflect the opinions or policies of BigNoticeBoard.co.uk. Notices created and posted by Members on the BigNoticeBoard.co.uk Website may contain links to other websites. BigNoticeBoard.co.uk is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by BigNoticeBoard.co.uk. Inclusion of any linked website on the BigNoticeBoard.co.uk Services does not imply approval or endorsement of the linked website by BigNoticeBoard.co.uk. When you access these third-party sites, you do so at your own risk. BigNoticeBoard.co.uk takes no responsibility for third party advertisements or third party applications that are posted on or through the BigNoticeBoard.co.uk Services, nor does it take any responsibility for the goods or services provided by its advertisers. BigNoticeBoard.co.uk is not responsible for the conduct, whether online or offline, of any User of the BigNoticeBoard.co.uk Services. BigNoticeBoard.co.uk assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. BigNoticeBoard.co.uk is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the BigNoticeBoard.co.uk Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the BigNoticeBoard.co.uk Services. Under no circumstances shall BigNoticeBoard.co.uk be responsible for any loss or damage, including personal injury or death, resulting from use of the BigNoticeBoard.co.uk Services, attendance at a BigNoticeBoard.co.uk event, from any User Content posted on or through the BigNoticeBoard.co.uk Services, or from the conduct of any Users of the BigNoticeBoard.co.uk Services, whether online or offline. The BigNoticeBoard.co.uk Services are provided "AS-IS" and as available and BigNoticeBoard.co.uk expressly disclaims any warranty of fitness for a particular purpose or non-infringement. BigNoticeBoard.co.uk cannot guarantee and does not promise any specific results from use of the BigNoticeBoard.co.uk Services.
13. Limitation on Liability. IN NO EVENT SHALL BIGNOTICEBOARD.CO.UK BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE BIGNOTICEBOARD.CO.UK SERVICES, EVEN IF BIGNOTICEBOARD.CO.UK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BIGNOTICEBOARD.CO.UK'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BIGNOTICEBOARD.CO.UK FOR THE BIGNOTICEBOARD.CO.UK SERVICES DURING THE TERM OF MEMBERSHIP.
14. Law This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
15. Indemnity. You agree to indemnify and hold BigNoticeBoard.co.uk, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the BigNoticeBoard.co.uk. Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the BigNoticeBoard.co.uk Services causes BigNoticeBoard.co.uk to be liable to another.
16. Other. This Agreement is accepted upon your use of the BigNoticeBoard.co.uk Website or any of the BigNoticeBoard.co.uk Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and BigNoticeBoard.co.uk regarding the use of the BigNoticeBoard.co.uk Services. The failure of BigNoticeBoard.co.uk to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.