1. INTRODUCTION
1.1 ASKYOURNEIGHBOUR LTD Subscription Agreement (the "Subscription Agreement") is a legal agreement between you and ASKYOURNEIGHBOUR LTD and governs your use of any of ASKYOURNEIGHBOUR LTD subscription services on our Internet Software, and including updates and upgrades to each service (individually and collectively) Subscription to ASKYOURNEIGHBOUR LTD subscription services is offered to you conditional upon your acceptance without modification of the terms, conditions, and notices contained in this Subscription Agreement. If you do not agree to this Subscription Agreement do not subscribe to or use ASKYOURNEIGHBOUR LTD subscription services.
1.2 ASKYOURNEIGHBOUR LTD includes various Web sites, Web pages, software and services operated by ASKYOURNEIGHBOUR LTD, trading address Carpenter House Innovation Centre, First Floor, Broad Quay, Bath BA1 1UD, United Kingdom or its affiliates. As used in this Subscription Agreement, "you" or "your" means you, anyone who has access to use your ASKYOURNEIGHBOUR LTD account, and any person utilising an Associated Account, as defined below in Section 9. You must be at least eighteen (18) years of age to subscribe to ASKYOURNEIGHBOUR LTD subscription services.
1.3 Your use of a particular Web site or service within ASKYOURNEIGHBOUR LTD subscription services may be subject to additional terms, codes of conduct or guidelines, including without limitation, particular features or offers such as forum areas (the "Additional Terms"). Your acceptance of this Subscription Agreement also constitutes your acceptance of any Additional Terms applicable to any Web site or service within ASKYOURNEIGHBOUR LTD subscription services. In the event that anything in this Subscription Agreement conflicts with the Additional Terms then this Subscription Agreement shall control.
2. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
2.1 ASKYOURNEIGHBOUR LTD adheres to the ASKYOURNEIGHBOUR LTD Statement of Privacy for the collection and use of your personal information. You can review the ASKYOURNEIGHBOUR LTD Statement of Privacy at http://www.askyourneighbour.co.uk/privacy.htm You should periodically review the ASKYOURNEIGHBOUR LTD Statement of Privacy as it is updated on a regular basis.
Please note that ASKYOURNEIGHBOUR LTD will pass certain details about you (i.e. your name and email address) to its partners who fulfil applicable subscription services – the partners have an agreement with ASKYOURNEIGHBOUR LTD that they will NOT use your details for any marketing purposes or pass your details to a third party without your consent. You agree that ASKYOURNEIGHBOUR LTD is not responsible or liable for any actions taken by its partners in respect to any data shared or services provided either as part of the subscription service or any other services the partner may provide.
3. MEMBER ACCOUNT, PASSWORD, AND SECURITY Your subscription to ASKYOURNEIGHBOUR LTD subscription services requires you to open an account, provide us with current, complete and accurate sign-up information, and choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. ASKYOURNEIGHBOUR LTD is not responsible for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be responsible for losses incurred by ASKYOURNEIGHBOUR LTD or another party due to someone else using your account or password.
4. MODIFICATION OF THIS SUBSCRIPTION AGREEMENT In the event that ASKYOURNEIGHBOUR LTD desires to make any changes or additions to the terms, conditions, and notices involving ASKYOURNEIGHBOUR LTD, including any terms related to pricing, discontinuation of plans and billing, then ASKYOURNEIGHBOUR LTD will notify you of such changes or additions at least 30 days in advance of the effective date of any such changes or additions. The form of such notification may be, but is not required to be, e-mail, online via one or more of the Web sites within ASKYOURNEIGHBOUR LTD. In the event you do not agree to such changes or additions, then you must cancel your subscription and stop using ASKYOURNEIGHBOUR LTD subscription services prior to the effective date of such changes or additions. Your continued use of ASKYOURNEIGHBOUR LTD subscription services after the effective date of such changes or additions constitutes your acceptance of and agreement to such changes or additions.
5. PERSONAL AND NON-COMMERCIAL USE LIMITATION Unless otherwise specified, ASKYOURNEIGHBOUR LTD subscription services are for your personal use. Any unauthorised commercial use of ASKYOURNEIGHBOUR LTD subscription services, or the resale of any ASKYOURNEIGHBOUR LTD subscription services, is expressly prohibited. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from ASKYOURNEIGHBOUR LTD subscription services. Without the advance express written permission of ASKYOURNEIGHBOUR LTD, you may not 'meta-search' ASKYOURNEIGHBOUR LTD subscription services, send, or cause to be sent, any automated queries of any sort to ASKYOURNEIGHBOUR LTD subscription services, or use ASKYOURNEIGHBOUR LTD subscription services in any commercial manner.
6. LINKS TO THIRD-PARTY SITES The links included within ASKYOURNEIGHBOUR LTD subscription services may direct you to third-party Web sites ("Linked Sites"). The Linked Sites are not under the control of ASKYOURNEIGHBOUR LTD and ASKYOURNEIGHBOUR LTD is not responsible for the contents of any Linked Site. ASKYOURNEIGHBOUR LTD is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ASKYOURNEIGHBOUR LTD of the site or any association with its operators. Any dealings with third parties (including advertisers) included within ASKYOURNEIGHBOUR LTD subscription services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. ASKYOURNEIGHBOUR LTD shall not be responsible or liable for any part of any such dealings or promotions.
7. NO UNLAWFUL OR PROHIBITED USE
7.1 As a condition of your use of ASKYOURNEIGHBOUR LTD subscription services, you shall not use ASKYOURNEIGHBOUR LTD subscription services for any purpose that is unlawful or prohibited by this Subscription Agreement. You may not use ASKYOURNEIGHBOUR LTD subscription services in any manner that could damage, disable, overburden, or impair any Web site or service within ASKYOURNEIGHBOUR LTD subscription services (or the networks connected to any Web site or service within ASKYOURNEIGHBOUR LTD subscription services) or interfere with any other party's use and enjoyment of ASKYOURNEIGHBOUR LTD subscription services. You may not attempt to gain unauthorised access to ASKYOURNEIGHBOUR LTD subscription services, other accounts, computer systems or networks connected to any Web site or service within ASKYOURNEIGHBOUR LTD subscription services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through ASKYOURNEIGHBOUR LTD subscription services. You agree to abide by all applicable local, state, national and international laws and regulations.
7.2 When using ASKYOURNEIGHBOUR LTD subscription services you are subject to all the rules specified by the services and Web sites you visit. This includes Web sites and services within ASKYOURNEIGHBOUR LTD subscription services as well as services and Web sites operated by third parties. If another party reports that you have violated their rules, you agree that ASKYOURNEIGHBOUR LTD may take appropriate action just as if you had violated this Subscription Agreement. You may not use simultaneous, unattended, or continuous connections to ASKYOURNEIGHBOUR LTD subscription services through a dial-up connection with one account without a subscription permitting such use (if available).
8. USE OF SERVICES; OPERATION OF SERVICES
8.1 ASKYOURNEIGHBOUR LTD subscription services contains e-mail services, and may contain bulletin board services, chat areas, news groups, forums, communities, personal Web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others. You shall only use ASKYOURNEIGHBOUR LTD subscription services to post, send, and receive messages and material that are proper and, when applicable, related to the particular ASKYOURNEIGHBOUR LTD subscription services. By way of example, and not as a limitation, you agree that when using ASKYOURNEIGHBOUR LTD subscription services you will not:
8.2 ASKYOURNEIGHBOUR LTD has no obligation to monitor ASKYOURNEIGHBOUR LTD subscription services. However, ASKYOURNEIGHBOUR LTD reserves the right to review materials posted to any ASKYOURNEIGHBOUR LTD subscription services and to remove any materials in its sole discretion. ASKYOURNEIGHBOUR LTD reserves the right to terminate your access to ASKYOURNEIGHBOUR LTD subscription services or any ASKYOURNEIGHBOUR LTD subscription services at any time, without notice, for any reason whatsoever. ASKYOURNEIGHBOUR LTD reserves the right at all times to edit, refuse to post or to remove any information or materials, in whole or in part, in ASKYOURNEIGHBOUR LTD’s sole discretion.
8.3 Always use caution when giving out any personally identifiable information about yourself or your children in ASKYOURNEIGHBOUR LTD subscription services. ASKYOURNEIGHBOUR LTD does not control or endorse the content, messages or information found in ASKYOURNEIGHBOUR LTD subscription services that are posted by users or other third parties and, therefore, ASKYOURNEIGHBOUR LTD specifically disclaims any liability with regard to such content, messages or information and any actions resulting from your participation in any ASKYOURNEIGHBOUR LTD subscription services which permit posting of content, messages or information. Managers and hosts are not authorised as ASKYOURNEIGHBOUR LTD spokespersons, and their views do not necessarily reflect those of ASKYOURNEIGHBOUR LTD.
8.4 Materials uploaded to ASKYOURNEIGHBOUR LTD subscription services may be subject to posted limitations on United Kingdom, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
8.5 ASKYOURNEIGHBOUR LTD reserves complete and sole discretion with respect to the operation of ASKYOURNEIGHBOUR LTD subscription services. ASKYOURNEIGHBOUR LTD may, among other things: (a) take any action (legal and/or technical) that ASKYOURNEIGHBOUR LTD deems appropriate to prevent bulk e-mail from entering or leaving any ASKYOURNEIGHBOUR LTD e-mail account and the network e-mail system; (b) delete e-mail messages if your e-mail account has not been accessed by you within a time established by ASKYOURNEIGHBOUR LTD from time to time, in its sole discretion; (c) not process e-mail or instant messages due to space limitations; (d) subject to ASKYOURNEIGHBOUR LTD Statement of Privacy, make available to third parties information relating to ASKYOURNEIGHBOUR LTD and its subscribers and members; (e) automatically sign out any users who are inactive for an extended period of time, as determined by ASKYOURNEIGHBOUR LTD as set forth in Section 15; (f) after giving you notice, withdraw, suspend, change, or discontinue any functionality or feature of ASKYOURNEIGHBOUR LTD; (g) delete attachments due to potentially harmful materials included within such attachment; and, (h) limit access to the service to prevent abusive consumption and ensure fair access for all subscribers. The amount of e-mail and instant message storage space per subscriber may be limited. Therefore some e-mail and instant messages may not be processed due to space constraints. You agree that ASKYOURNEIGHBOUR LTD is not responsible or liable for the loss, deletion or failure to store or accept messages or other information. The use of any software that would prohibit ASKYOURNEIGHBOUR LTD automatic sign-out system or part thereof from performing as intended is prohibited.
9. CHARGES AND BILLING
9.1 Charges On Your Billing Account. ASKYOURNEIGHBOUR LTD bills you through an online account for services and items obtained under this Subscription Agreement (the "Products"), including ASKYOURNEIGHBOUR LTD subscription. You agree to pay ASKYOURNEIGHBOUR LTD all charges at the prices then in effect for any Products ordered by you or other persons (including your agents) using your Billing Account (for example, under an Associated Account), and you authorise ASKYOURNEIGHBOUR LTD to charge your chosen payment method (your "Payment Method") for such Products. You agree to make payment using that selected Payment Method. You will have one billing statement available online (your "Online Statement") per Billing Account. ASKYOURNEIGHBOUR LTD reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. If ASKYOURNEIGHBOUR LTD does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT IN ORDER TO RECEIVE THE PRODUCTS ORDERED. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY ASKYOURNEIGHBOUR LTD IF YOUR PAYMENT METHOD IS CANCELED (FOR EXAMPLE, FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORISED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE ASKYOURNEIGHBOUR LTD ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT ASKYOURNEIGHBOUR LTD MAY CONTINUE CHARGING YOU FOR ANY PRODUCT PROVIDED UNDER YOUR BILLING ACCOUNT, UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR SUCH PRODUCT (CONFIRMED IN WRITING UPON REQUEST). Prices for all Products exclude all applicable taxes and telecommunication charges, unless expressly stated otherwise. To the extent permissible by law, you agree to be responsible for any applicable taxes and telecommunication charges, whether or not such amounts are itemised on your Online Statement or charged to your Billing Account or Payment Method. Currency exchange settlements will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If the amount to be charged to your Billing Account varies from the amount you have preauthorised, you have the right to receive, and ASKYOURNEIGHBOUR LTD shall so provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with the Payment Method Provider will govern your use of that Payment Method. You agree that ASKYOURNEIGHBOUR LTD may accumulate charges incurred during one or more of your monthly billing cycles and submit them as one or more aggregate charges at any time. ASKYOURNEIGHBOUR LTD MAY SUBMIT ALL PERIODIC CHARGES (FOR EXAMPLE, MONTHLY) FOR YOUR ASKYOURNEIGHBOUR LTD SUBSCRIPTION, OR FOR ANY OTHER FEE-BASED SERVICE YOU ORDER THAT WILL BE CHARGED ON A MONTHLY OR OTHER PERIODIC BASIS, ON SUCH MONTHLY OR OTHER PERIODIC BASIS WITHOUT FURTHER AUTHORISATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST) THAT YOU HAVE TERMINATED THIS AUTHORISATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE ASKYOURNEIGHBOUR REASONABLY COULD ACT. Your continued use of the Products and services on your Billing Account reaffirms that ASKYOURNEIGHBOUR LTD is authorised to charge your Payment Method. ASKYOURNEIGHBOUR LTD may submit those charges for payment and you will be responsible for such charges. Those submissions will not waive ASKYOURNEIGHBOUR LTD’s right to seek payment directly from you. Certain services associated with ASKYOURNEIGHBOUR LTD subscription services may require the payment of additional fees (including, without limitation, set-up, repair, additional equipment, missed appointment, line maintenance, upgrade and repair, initial activation and reactivation, transfer and relocation) and you agree to pay such pre-approved fees at the prices then in effect as specified for such service to either ASKYOURNEIGHBOUR LTD or its designated service provider. You agree that ASKYOURNEIGHBOUR LTD may pass your account information (including, without limitation, credit card number) to its designated service provider of such additional services for their use in charging you for appropriate services rendered. Charges on your Billing Account will be summarised for you on your Online Statement.
9.2 Refund Policies. You understand that ASKYOURNEIGHBOUR LTD subscription services will commence as soon as ASKYOURNEIGHBOUR LTD receives and processes your initial payment. You agree that any statutory right to withdraw from ASKYOURNEIGHBOUR LTD subscription services will be waived as soon as ASKYOURNEIGHBOUR LTD subscription services commence.
9.3 Dial-up Access Phone Numbers; Hours. It is possible the access number you program your dial-up modem to use to connect to ASKYOURNEIGHBOUR LTD subscription services may be a telephone number that results in additional or long distance charges being billed to you by a third party, even if such number was presented by ASKYOURNEIGHBOUR LTD as an appropriate access number for your area. You are solely responsible for determining whether the access number you use is subject to any additional charges. It is your responsibility to contact your telephone company to determine whether the access number you select is subject to additional charges. You agree to pay any charges you incur by using a long distance telephone number to connect to ASKYOURNEIGHBOUR LTD subscription services, including those that may be billed to you by a third party. ASKYOURNEIGHBOUR LTD will not reimburse you for any charges incurred by you as a result of selecting an access number that is subject to additional and/or long distance charges.
9.4 Online Statement. Subject to applicable law, you agree that the Online Statement is the only statement of your Billing Account that ASKYOURNEIGHBOUR LTD needs to provide to you. YOU ALSO AGREE THAT IT IS YOUR RESPONSIBILITY TO PRINT OR SAVE A COPY OF YOUR ONLINE STATEMENT AND TO RETAIN THIS COPY FOR YOUR RECORDS ASKYOURNEIGHBOUR LTD will use commercially reasonable efforts to correct any technical failures relating to an Online Statement within a reasonable time. However, your inability to view an Online Statement does not extend, or relieve you of, your obligation to pay any amounts owing to ASKYOURNEIGHBOUR LTD. Unless you notify ASKYOURNEIGHBOUR LTD of any error within 120 days after it first appears in any Online Statement, such statement will be deemed accepted by you for all purposes, including resolution of inquiries made by your Payment Method Provider. TO THE EXTENT ALLOWED BY LAW, YOU RELEASE ASKYOURNEIGHBOUR LTD FROM ANY AND ALL LIABILITY AND CLAIMS OF LOSS RESULTING FROM ANY ERROR THAT IS NOT REPORTED TO ASKYOURNEIGHBOUR WITHIN 120 DAYS AFTER THE ERROR FIRST APPEARS ON YOUR ONLINE STATEMENT.
9.5 Due Date; Late Charge; Collection Costs. The amount due to ASKYOURNEIGHBOUR LTD for your Billing Account must be paid in full by your Payment Method Provider on the date such payment is requested by ASKYOURNEIGHBOUR LTD, not later than 30 days after the billing date; you are not entitled to carry forward a balance. You agree to pay late charges that may be assessed by ASKYOURNEIGHBOUR LTD on amounts due but not timely paid. The late charge will be 1% per month (or 12% per annum) on the total amount due but not paid; but if such rate is in excess of any allowable rate under applicable laws, then you will instead be charged the maximum rate that is permitted by law. ASKYOURNEIGHBOUR LTD reserves the right to refer your Billing Account to a third party for collection in the event of default. You agree to pay all costs incurred in the enforcement of this Subscription Agreement and in collection of any delinquent amounts due, including reasonable attorneys' fees and costs.
9.6 Default. If ASKYOURNEIGHBOUR LTD does not receive payment for any charge to your Billing Account, you will be in default and ASKYOURNEIGHBOUR LTD may suspend or cancel your Billing Account and your access to ASKYOURNEIGHBOUR LTD subscription services and any or all other AskYourNeighbour Products. If your Payment Method Provider seeks return of payments previously made to ASKYOURNEIGHBOUR LTD, but ASKYOURNEIGHBOUR LTD, in good faith, believes that you are liable for the charge and applicable law allows the Payment Method Provider to seek payment from you, you will also be in default and ASKYOURNEIGHBOUR LTD may cancel your Billing Account and your access to ASKYOURNEIGHBOUR LTD subscription services and any or all other Products. CANCELLATION OR SUSPENSION FOR DEFAULT MAY BE MADE WITHOUT PRIOR NOTICE TO YOU AND UPON SUCH CANCELLATION OR SUSPENSION, ASKYOURNEIGHBOUR LTD MAY STOP DELIVERY OF ASKYOURNEIGHBOUR LTD SUBSCRIPTION SERVICES AND ANY OTHER PRODUCT, AND ANY INFORMATION YOU HAVE STORED ON AN ASKYOURNEIGHBOUR SERVICE MAY NOT BE RETRIEVED AT A LATER DATE.
AskYourNeighbour Subscription Agreement AGREEMENT BETWEEN YOU AND ASKYOURNEIGHBOUR LTD (Part 2)
10. MATERIALS PROVIDED TO ASKYOURNEIGHBOUR OR POSTED AT ANY ASKYOURNEIGHBOUR LTD WEB SITE
10.1 ASKYOURNEIGHBOUR LTD does not claim ownership of the materials you provide to AskYourNeighbour (including feedback and suggestions) or post, upload, input or submit to any Web site or service within ASKYOURNEIGHBOUR LTD for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting ASKYOURNEIGHBOUR LTD, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Web sites or services within THE ASKYOURNEIGHBOUR LTD, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of THE ASKYOURNEIGHBOUR LTD). No compensation will be paid with respect to the use of your Submission, as provided herein. ASKYOURNEIGHBOUR LTD is under no obligation to post or use any Submission you may provide and ASKYOURNEIGHBOUR LTD may remove any Submission at any time in its sole discretion.
10.2 By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this Subscription Agreement including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions including, without limitation, where your Submission contains images, photographs, pictures or that are otherwise graphical in whole or in part ("Pictures"), that each person depicted in such Picture, if any, has provided consent to the use of the Picture as set forth in this Subscription Agreement. By Posting a Picture, you are granting (in addition to the grants specified above) (a) to all members of your private community (for each such Picture available to members of such private community), (b) to the general public (for each such Picture available anywhere on THE ASKYOURNEIGHBOUR LTD, other than a private community), and/or (c) to any person with whom you share Pictures through e-mail using THE ASKYOURNEIGHBOUR LTD, permission to use your Picture in connection with THE ASKYOURNEIGHBOUR LTD, (including, by way of example, and not as a limitation, downloading, printing and making prints and gift items which include such Picture). The licenses granted in the preceding sentences for a Picture will terminate at the time you completely remove such Picture from the websites of ASKYOURNEIGHBOUR LTD, provided that such termination shall not affect any licenses granted in connection with such Picture prior to the time you completely remove such Picture.
11. SOFTWARE AND CONTENT AVAILABLE THROUGH ASKYOURNEIGHBOUR LTD
11.1 All information, materials, graphics, software (if any), and products that are made available to view and/or download in connection with THE ASKYOURNEIGHBOUR LTD, excluding content and/or software that may be made available by end-users through THE ASKYOURNEIGHBOUR LTD, ("Content") is owned by and is the copyrighted work of ASKYOURNEIGHBOUR LTD and/or its suppliers and is protected by copyright laws and international treaty provisions. Except as set forth in Section 11.2, below, your use of software made available in connection with ASKYOURNEIGHBOUR LTD ("Software") is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. You acknowledge and agree that ASKYOURNEIGHBOUR LTD may automatically check the version of Software (including, without limitation, ASKYOURNEIGHBOUR LTD Internet Client Software, defined below in Section 11.2) and components you are utilising and may provide upgrades to such Software that will be automatically downloaded to your computer, in which event you will be responsible for all resulting charges including, without limitation, connect time charges and local or long distance telephone charges, if any.
11.2 Any reproduction or redistribution of the Content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the UNITED KINGDOM. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to UNITED KINGDOM export restrictions.
12. INSTALLATIONS
12.1 ASKYOURNEIGHBOUR LTD AND ITS DESIGNATED SERVICE PROVIDERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LOSSES RESULTING FROM INSTALLATION, REPAIR OR SUPPORT SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGE TO YOUR PREMISES, LOSS OF SOFTWARE, DATA OR OTHER INFORMATION FROM YOUR COMPUTER OR FOR ANY MODIFICATIONS MADE TO YOUR COMPUTER SYSTEM INCLUDING MODIFICATIONS OR DELETION OF FILES.
13. LIABILITY/WARRANTY DISCLAIMER
13.1 CHANGES ARE PERIODICALLY MADE TO ASKYOURNEIGHBOUR LTD AND TO THE INFORMATION THEREIN. ASKYOURNEIGHBOUR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN ASKYOURNEIGHBOUR LTD AT ANY TIME. YOU SPECIFICALLY AGREE THAT ASKYOURNEIGHBOUR LTD SHALL NOT BE RESPONSIBLE FOR UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH ANY WEB SITE OR SERVICE WITHIN THE ASKYOURNEIGHBOUR LTD. YOU SPECIFICALLY AGREE THAT ASKYOURNEIGHBOUR LTD IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT ASKYOURNEIGHBOUR IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN ANY WEB SITE OR SERVICE WITHIN ASKYOURNEIGHBOUR LTD SITE BY ANY THIRD PARTY.
13.2 ALL CONTENT(AS DEFINED ABOVE), EQUIPMENT (WHERE APPLICABLE, AND EXCEPT AS EXPRESSLY STATED IN A WRITING ACCOMPANYING SUCH EQUIPMENT), AND SERVICE (INCLUDING BUT NOT LIMITED TO ANY SERVICE PROVIDED ON YOUR COMPUTER BY ASKYOURNEIGHBOUR LTD OR ITS DESIGNATED SERVICE PROVIDERS) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. ASKYOURNEIGHBOUR LTD AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE CONTENT AND EQUIPMENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. ASKYOURNEIGHBOUR LTD AND ITS RESPECTIVE SUPPLIERS DO NOT WARRANT THAT THE CONTENT OR EQUIPMENT IS ACCURATE, RELIABLE, SECURE OR ERROR-FREE; THAT ASKYOURNEIGHBOUR LTD WILL BE AVAILABLE AT ANY PARTICULAR TIME; THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT OR EQUIPMENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
13.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ASKYOURNEIGHBOUR, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF ASKYOURNEIGHBOUR LTD OR RELATED EQUIPMENT, WITH THE DELAY OR INABILITY TO USE ASKYOURNEIGHBOUR LTD OR RELATED EQUIPMENT, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF ASKYOURNEIGHBOUR LTD OR RELATED EQUIPMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ASKYOURNEIGHBOUR LTD OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
13.4 ASKYOURNEIGHBOUR LTD, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS DO NOT WARRANT THAT ACCESS TO OR USE OF ASKYOURNEIGHBOUR LTD WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT SUBSCRIBERS WILL BE ABLE TO ACCESS ASKYOURNEIGHBOUR LTD WEB SITES AT ANY TIME OR IN ANY GEOGRAPHIC AREA, OR THAT THE ASKYOURNEIGHBOUR LTD, ASKYOURNEIGHBOUR LTD INTERNET CLIENT SOFTWARE, ASKYOURNEIGHBOUR LTD SERVICES OR RELATED EQUIPMENT WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.
13.5 ASKYOURNEIGHBOUR LTD'S LIABILITY TO YOU FOR BREACH OF THIS SUBSCRIPTION AGREEMENT IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO ASKYOURNEIGHBOUR LTD FOR ACCESS TO AND USE OF ASKYOURNEIGHBOUR LTD SUBSCRIPTION SERVICES. YOU HEREBY RELEASE ASKYOURNEIGHBOUR LTD FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATION IN THIS SECTION 13 MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ASKYOURNEIGHBOUR LTD, OR WITH ANY PART OF THIS SUBSCRIPTION AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO NOT SIGN UP FOR THE ASKYOURNEIGHBOUR LTD, OR TO CANCEL YOUR SUBSCRIPTION TO ASKYOURNEIGHBOUR LTD (WHICH MAY RESULT IN TERMINATION FEES IF APPLICABLE TO YOUR PARTICULAR SERVICE PLAN).
13.6 The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
14. NO PROFESSIONAL ADVICE Nothing contained in ASKYOURNEIGHBOUR LTD services is intended to constitute investment, legal, tax, real estate, medical, accounting or other personal or professional advice, and you should not rely solely on the reports, data, and other information provided to you as part of ASKYOURNEIGHBOUR LTD for making decisions. Information provided within ASKYOURNEIGHBOUR LTD is for informational purposes only. You should consult with an appropriate professional for specific advice tailored to your situation and/or verify the accuracy of information provided to you before making any decision.
15. STORAGE SPACE AND OTHER LIMITATIONS
15.1 You agree that ASKYOURNEIGHBOUR LTD may establish limits concerning use of any ASKYOURNEIGHBOUR LTD subscription services, including without limitation the maximum number of days that e-mail messages will be retained, the maximum number of e-mail messages that may be sent from or received by an account, the maximum size of an e-mail message that may be sent from or received by an account, the maximum disk space that will be allotted on ASKYOURNEIGHBOUR LTD's servers on your behalf either cumulatively or for any particular service, such as for storing digital photographs, and the maximum number of times and duration you may access any ASKYOURNEIGHBOUR LTD service in a given period of time. You agree that ASKYOURNEIGHBOUR LTD has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any ASKYOURNEIGHBOUR LTD services. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any ASKYOURNEIGHBOUR LTD service may change at any time. For the most up to date information on any ASKYOURNEIGHBOUR LTD service, please refer to the Terms of Use for that service.
15.2 You acknowledge that ASKYOURNEIGHBOUR LTD reserves the right to sign out, terminate or delete your accounts for any particular Web site or service within ASKYOURNEIGHBOUR LTD that are "inactive" for an extended period of time, even if you continue to maintain your ASKYOURNEIGHBOUR LTD subscription to ASKYOURNEIGHBOUR LTD’s subscription services. "Inactive" means that you have not signed in to a particular service for an extended period of time, as determined by ASKYOURNEIGHBOUR LTD, in its sole discretion. The amount of time that ASKYOURNEIGHBOUR LTD currently considers as an "extended" period of time is determined based on the particular Web site or service within ASKYOURNEIGHBOUR LTD to which it pertains, or other user information relating to the particular service.
16. TERMINATION OF SUBSCRIPTION
16.1 ASKYOURNEIGHBOUR LTD reserves the right, in its sole discretion, to terminate or suspend your subscription to ASKYOURNEIGHBOUR LTD subscription services at any time, with or without cause, with or without notice. For example, ASKYOURNEIGHBOUR LTD may, in its discretion, terminate, cancel, or suspend an accepted order if ASKYOURNEIGHBOUR LTD is notified that your Payment Method has expired or has been cancelled, or if ASKYOURNEIGHBOUR LTD has reason to believe that any Billing Account information provided to ASKYOURNEIGHBOUR LTD is untrue, inaccurate, not current or incomplete. Upon termination of your subscription to ASKYOURNEIGHBOUR LTD subscription services your right to use ASKYOURNEIGHBOUR LTD subscription services immediately ceases. ASKYOURNEIGHBOUR LTD shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
16.2 You may terminate your ASKYOURNEIGHBOUR LTD subscription at any time, with or without cause, upon notice to ASKYOURNEIGHBOUR LTD as specified in ASKYOURNEIGHBOUR LTD Support Desk area at EDITOR@ASKYOURNEIGBOUR.CO.UK, provided that you are responsible for all charges, which have been submitted prior to your notice of termination, as set forth below. If you are participating in any trial period offer, you must terminate your ASKYOURNEIGHBOUR LTD ‘subscription services’ subscription prior to the end of the applicable trial period in order to avoid incurring service or any other applicable charges, and if you fail to so terminate then you hereby authorise AskYourNeighbour to charge your Payment Method for your ASKYOURNEIGHBOUR LTD ‘subscription services’ subscription. Certain ASKYOURNEIGHBOUR LTD promotions or plans may require termination or cancellation charges, and you agree to pay all such termination or cancellation charges as specified in the materials describing such promotion or plan.
16.3 Termination, cancellation or suspension of your ASKYOURNEIGHBOUR LTD subscription, whether by you or ASKYOURNEIGHBOUR LTD, will not alter your obligation to pay all charges made to your Billing Account before such termination, cancellation or suspension (including charges made after termination by you but before ASKYOURNEIGHBOUR LTD could reasonably act on your termination notice). You will not be entitled to any refunds upon termination, cancellation or suspension of your ASKYOURNEIGHBOUR LTD subscription.
17. NO 'SPAM'; DAMAGES ASKYOURNEIGHBOUR LTD may immediately terminate any account which it determines, in its sole discretion, is transmitting or is otherwise connected with any 'spam' or other unsolicited bulk e-mail. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay ASKYOURNEIGHBOUR LTD liquidated damages equal to two pounds sterling (£2.00) for each piece of 'spam' or unsolicited bulk e-mail transmitted from or otherwise connected with your account. Otherwise you agree to pay ASKYOURNEIGHBOUR LTD's actual damages; to the extent such actual damages can be reasonably calculated. You agree that ASKYOURNEIGHBOUR LTD may charge such damages to your selected Payment Method, as set forth in Section 9.
18. GENERAL
18.1 You represent and warrant that: (1) you are at least 18 years of age or the age required or allowed under applicable law for making a legal and binding contract; (2) all information that you submit is true and accurate (including without limitation information relating to your Payment Method, as defined in Section 10); and (3) you are an individual authorised to use the Payment Method. You agree to pay for all charges (including charges by other persons) and to comply with your responsibilities and obligations as stated in this Subscription Agreement. ASKYOURNEIGHBOUR LTD may: (1) generate print copies of its electronic records and introduce them in evidence as original documents; and (2) prove your agreement or consent in any manner, including without limitation, by showing that a procedure existed by which you must have provided consent or engaged in conduct to obtain your ASKYOURNEIGHBOUR LTD subscription services or any other applicable Product.
18.2 Claims for enforcement, breach or violation of duties or rights under this Subscription Agreement shall be adjudicated under the laws of Ireland. All other claims, including without limitation claims under or for violation of state consumer protection laws, unfair competition laws, and in tort, shall be adjudicated under the law of your state of residence. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in UNITED KINGDOM in all disputes arising out of or relating to the use of THE ASKYOURNEIGHBOUR LTD. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ASKYOURNEIGHBOUR LTD as a result of this Subscription Agreement or use of ASKYOURNEIGHBOUR LTD subscription services. You agree not to represent yourself to be a representative, agent, or employee of ASKYOURNEIGHBOUR LTD and that ASKYOURNEIGHBOUR LTD will not be liable by reason of any representation, act or omission to act by you.
18.3 ASKYOURNEIGHBOUR LTD reserves the right to disclose any personal information about you or your use of ASKYOURNEIGHBOUR LTD subscription services, including its contents, without your prior permission if ASKYOURNEIGHBOUR LTD has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process or any governmental request; (2) protect and defend the rights or property of ASKYOURNEIGHBOUR LTD or its affiliated companies; (3) enforce this Subscription Agreement; or (4) act to protect the interests of its members or others. ASKYOURNEIGHBOUR LTD's performance of this Subscription Agreement is subject to existing laws and legal process, and nothing contained in this Subscription Agreement is in derogation of ASKYOURNEIGHBOUR LTD’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of ASKYOURNEIGHBOUR LTD subscription services or information provided to or gathered by ASKYOURNEIGHBOUR LTD with respect to such use.
18.4 If any part of this Subscription Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Subscription Agreement shall continue in effect. ASKYOURNEIGHBOUR LTD may assign this Subscription Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Subscription Agreement, or assign, transfer or sublicense any rights in your Billing Account. Unless otherwise specified herein, this Subscription Agreement constitutes the entire agreement between you and ASKYOURNEIGHBOUR LTD with respect to ASKYOURNEIGHBOUR LTD and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and AskYourNeighbour with respect to THE ASKYOURNEIGHBOUR LTD.
18.5 A printed version of this Subscription Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Subscription Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and AskYourNeighbour agree that any cause of action arising out of or related to ASKYOURNEIGHBOUR LTD subscription services must commence within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
19. NOTICES, CONSUMER DISCLOSURES, AND CONSENTS REGARDING ELECTRONIC INFORMATION
19.1 Notices given by you to ASKYOURNEIGHBOUR LTD must be given by e-mail to ASKYOURNEIGHBOUR LTD and addressed to EDITOR@ASKYOURNEIGBOUR.CO.UK, or by postal mail. Notices to ASKYOURNEIGHBOUR LTD by postal mail must be sent to ASKYOURNEIGHBOUR LTD, Carpenter House Innovation Centre, First Floor, Broad Quay, Bath BA1 1UD, United Kingdom.
19.2 ALL INFORMATION THAT ASKYOURNEIGHBOUR LTD IS REQUIRED BY LAW TO SEND TO YOU REGARDING YOUR ASKYOURNEIGHBOUR LTD SUBSCRIPTION, AND ANY OTHER SUBSCRIPTIONS, SERVICES AND ITEMS PROVIDED TO YOU UNDER THIS SUBSCRIPTION AGREEMENT, INCLUDING ANY BILLING AND PAYMENT INFORMATION (COLLECTIVELY REFERRED TO AS "REQUIRED INFORMATION"), AND ANY OTHER INFORMATION PROVIDED TO YOU FROM ASKYOURNEIGHBOUR LTD, WILL BE PROVIDED TO YOU IN ELECTRONIC FORM ONLY. ASKYOURNEIGHBOUR LTD WILL PROVIDE ALL REQUIRED INFORMATION TO YOU IN ELECTRONIC FORM EITHER (1) VIA E-MAIL AT THE E-MAIL ADDRESS YOU SPECIFIED OR CREATED WHEN YOU SIGNED UP FOR YOUR ASKYOURNEIGHBOUR LTD SUBSCRIPTION, (2) BY ACCESS TO AN ASKYOURNEIGHBOUR LIMITED WEB SITE THAT WILL BE DESIGNATED IN AN E-MAIL NOTICE SENT TO YOU AT THE TIME THE INFORMATION IS AVAILABLE, OR (3) TO THE EXTENT PERMISSIBLE BY LAW, BY ACCESS TO AN ASKYOURNEIGHBOUR LIMITED WEB SITE THAT WILL BE GENERALLY DESIGNATED IN ADVANCE FOR SUCH PURPOSE.
19.3 As part of your ASKYOURNEIGHBOUR LTD subscription services, you have (a) been provided, or designated during the sign-up process, an e-mail address; (b) installed or currently have on your computer, Internet Explorer VERSION 6.0 OR ABOVE. Each of these items is necessary in order for you to receive Required Information electronically from ASKYOURNEIGHBOUR LTD. Also, your computer must be capable of either printing or storing Required Information received in electronic form from ASKYOURNEIGHBOUR LTD via a plain-text formatted e-mail message or by access to an AskYourNeighbour Limited Web site using the browser specified above. In the event that there are any changes to the hardware and software requirements listed above that are likely to have a significant impact on your ability to receive, access, display, store, and print the Required Information that ASKYOURNEIGHBOUR LTD sends to you in electronic form, ASKYOURNEIGHBOUR LTD will notify you of these changes. In such case, you will be required to reconfirm your agreement to receive, and your ability to access, such Required Information in electronic form in order to avoid any disruption in your ASKYOURNEIGHBOUR LTD subscription services, or any other Products.
19.4 YOU AGREE THAT BY ACCEPTING THIS SUBSCRIPTION AGREEMENT, YOU CONSENT TO RECEIVE REQUIRED INFORMATION, AND ANY OTHER INFORMATION PROVIDED TO YOU FROM ASKYOURNEIGHBOUR LTD, SOLELY BY ELECTRONIC COMMUNICATION. YOU ALSO CONFIRM THAT YOUR COMPUTER SATISFIES THE HARDWARE AND SOFTWARE REQUIREMENTS STATED ABOVE FOR RECEIVING, ACCESSING, DISPLAYING, PRINTING, AND STORING COPIES OF SUCH REQUIRED INFORMATION, AND YOU CONFIRM THAT YOU PROVIDED ASKYOURNEIGHBOUR A CURRENT E-MAIL ADDRESS FOR RECEIVING REQUIRED INFORMATION WHEN YOU SIGNED UP FOR YOUR ASKYOURNEIGHBOUR LTD SUBSCRIPTION. YOU MAY WITHDRAW YOUR CONSENT OR UPDATE YOUR E-MAIL ADDRESS BY VIEWING THE WEB SITE AT HTTP://WWW.ASKYOURNEIGHBOUR.CO.UK AND FOLLOWING THE INSTRUCTIONS WITHIN. HOWEVER, IF YOU CHOOSE TO WITHDRAW THIS CONSENT, ASKYOURNEIGHBOUR LTD MAY TERMINATE YOUR ASKYOURNEIGHBOUR LTD SUBSCRIPTION, YOUR BILLING ACCOUNT AND ANY OTHER PRODUCTS PROVIDED TO YOU UNDER THIS AGREEMENT.
20. INDEMNIFICATION You agree to indemnify and hold ASKYOURNEIGHBOUR LTD, its parents, subsidiaries, members, affiliates, officers and employees, harmless from any claim, demand, or damage, including costs and reasonable legal fees, asserted by any third party due to or arising out of your use of or conduct on ASKYOURNEIGHBOUR LTD websites. ASKYOURNEIGHBOUR LTD will notify you of any claim for which ASKYOURNEIGHBOUR LTD seeks indemnification and will afford you the opportunity to participate in the defence of such claim, provided that your participation will not be conducted in a manner prejudicial to ASKYOURNEIGHBOUR LTD's interests, as reasonably determined by ASKYOURNEIGHBOUR LTD.
21. COPYRIGHT AND TRADEMARK NOTICES All contents of ASKYOURNEIGHBOUR LTD are: Copyright (c) ASKYOURNEIGHBOUR LTD and/or its suppliers, of Carpenter House Innovation Centre, First Floor, Broad Quay, Bath BA1 1UD, United Kingdom. All rights reserved. TRADEMARKS. AskYourNeighbour.co.uk, AskYourNeighbour.com, THE ASKYOURNEIGHBOUR LTD, ASKYOURNEIGHBOUR LTD Logo ASKYOURNEIGHBOUR LTD Photos and/or other AskYourNeighbour products and services referenced herein may also be either trademarks or registered trademarks of ASKYOURNEIGHBOUR LTD in the United Kingdom, United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
22. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT Notifications of claimed copyright infringement should be sent to EDITOR@ASKYOURNEIGHBOUR.CO.UK
©2004-2005 ASKYOURNEIGHBOUR LTD. All rights reserved.