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1. Introduction.
This Agreement is a legal document which sets
out your rights and obligations, and those of
Part of Life, a Trading Division of Radience
Ltd who are a company registered in England
under registration no. 3870734 ("Part of Life",
"we" or "us"), in relation to this site and
the services offered by Radience Ltd through
its (the "Part of Life Service"). By registering
for the Part of Life Service, you agree to
the terms of this Agreement, and you re-affirm
that agreement every time you use it. Visitors
to the Part of Life Service who do not register
to become a Member (see 2 below) similarly affirm
that they are bound by this Agreement each time
they access the Part of Life Service. You should
be aware that this Agreement may change from
time to time in accordance with Clause 23 below.
2. Types of membership.
People who register for the Part of Life Service
become "Members". They must be at
least 18 years of age.
We are not an internet service provider, however.
In order to avail of the Part of Life Service,
you must have internet access and all the software
(and skills) required for email and web usage.
3. Important Note: Full
Membership. If you decide to become a
Member, and therefore pay your relevant Membership
fee, you are agreeing to take the Membership
we make available to you shortly after that
fee is paid. You will not be entitled to any
refund of that fee. Your Membership will last
for 6 months. If you wish
to continue with Membership after the expiry
of that 6 month period,
we will enable you to do so, at our then-current
terms and prices. But please note that we reserve
the right to change the amount of the fee for
the Membership, the period which it covers,
the services which it enables you to obtain
and other factors from time to time. However,
these changes, unless they are changes under
Clause 8 or Clause 9 below, will not affect
your then-current level of Membership.
4. Registration.
You undertake to register for the Part of Life
Service using accurate and current information
about yourself ? including your correct name,
address and any other requested details. You
also undertake only to add yourself to a workplace,
address or club on the Part of Life Service
which you attended at the relevant time. If
you are asked for, and provide, details of a
credit, debit or charge card; in that event,
you must ensure that (a) you are fully entitled
to use that card, and (b) it has available funds
sufficient to cover the charges which are deducted
from it.
5. Privacy Policy.
Part of Life?s Privacy
Policy forms part of this Agreement, and
by agreeing to this Agreement, you also give
your consent to the way we may handle your personal
data in that policy. Given the global nature
of the World Wide Web, any posting on the Part of Life
Service (including any which contain personal
information) is, of course, accessible to internet
users around the world.
6. Part of Life?s Role.
You, whether you are a Member or just a non-Member
who visits the Part of Life Service, acknowledge
that we are not and cannot be responsible for
the behaviour of Members - whether on the Part of Life
Service or outside of it. We only provide a
venue where the Part of Life Service may be
accessed. In particular, you should be aware
that Part of Life does not pre-screen or monitor
the material contributed by Members.
7. Additional services.
Part of Life or its affiliates may offer new
or additional services through the Part of Life
Service from time to time. Your use of those
services may be subject to additional terms
and conditions, or rules of use, which you must
comply with. Provided that those terms or rules
are notified to you on the Part of Life Service
in an appropriate manner (as determined by Part of Life
in its reasonable discretion), any failure by
you to comply with a material provision of the
terms or rules governing those services will
amount to a breach of this Agreement.
8. Operation of Part of Life
Services. Part of Life reserves the
right to withdraw or modify one or more aspects
of the Part of Life Service where we have legal
or technical reasons to do so (including technical
difficulties experienced by Part of Life or
on the Internet). There may also be times when
the Part of Life Service becomes unavailable,
whether on a scheduled or unscheduled basis.
For security or other reasons, we may require
you to change password or other information
which facilitates access to the Part of Life
Service.
9. Misuse of Part of Life
Service. We reserve the right (a) to
suspend or terminate any Member?s access to
the Part of Life Service, or parts of it, and/or
(b) to edit, or require the Member to edit,
material posted on the Part of Life Service,
if the relevant Member or material appears to
us to be in breach of any provision of this
Agreement. Any person whose access has been
suspended or terminated must not re-register
for, or re-access, the Part of Life Service
without our prior consent. You are responsible
for everything which is done on or through the
Part of Life Service while your Membership
account is logged on to the Part of Life Service,
or through your email address(es).
10. Relevance.
The Part of Life Service is intended to be
used by its Members for the purposes referred
to in Clause 2 above. Accordingly, Members must
not:
- include an email address, postal address,
phone number, the address of any website,
or any other information which is intended
to facilitate direct communication, in material
which is posted on the Part of Life Service.
Members, and the recipients of their emails,
can share this information, should they wish,
once direct contact has been made;
- place material on, or otherwise use, the
Part of Life Service for any business or
commercial purpose; or
- use your access to the Part of Life Service,
or information gathered from it, for the sending
of unsolicited bulk email (sometimes known
as spam).
11. Fees
- (i)You acknowledge that we are entitled
to alter the amount or the basis of the calculation
of our fees from time to time, provided that
such amount or basis is clearly stated at
the time when you agree to take the relevant
Part of Life Service.
- (ii)Fees paid by a Full Member will not
be rebated or refunded by Part of Life, unless
the Part of Life Service for which the Full
Member has subscribed is completely withdrawn
from that Full Member by us other than in
circumstances permitted under this Agreement.
- We may add new or ancillary services from
time to time which require the payment of
fees ? either to us or a nominated third party
? on terms which will be provided to you at
the time.
- Refunds will be given at the discretion
of the Company Management
12. Prohibitions.
You are responsible for ensuring that no material
you post, or which is posted through a machine
on which you access the Part of Life Service,
nor any activity or communication you make in
connection with any Part of Life Service, will
be capable of (a) infringing the intellectual
property or other rights of any person or entity,
(b) breaching any applicable law, whether criminal,
tortious or otherwise, or (c) appearing to be
offensive, threatening, obscene, pornographic,
false, unreliable or misleading.
13. Alerting Part of Life.
If you see anything on the Part of Life
Service which appears to infringe this Agreement,
then please contact us to inform us of it by
using the "Report Abuse" function,
or by emailing us at abuse@partoflife.com.
We do not generally monitor material contributed
by Members before it is placed on the Part of Life
Service, and so we are reliant upon users to
point out any which infringes this Agreement.
14. Withdrawal of material
and Termination of Membership. Each Member
acknowledges that we are entitled to withdraw
any material on the Part of Life Service which
appears whether based on information received
from Members or others, or our own determination
to be capable of breaching any part of this
Agreement, or to bring the Part of Life Service
into disrepute. However, each user acknowledges
that we do not monitor material which appears
on the Part of Life Service, and that we are
reliant upon you and all users to notify us
of anything you see here which appears likely
to breach this Agreement, using the notification
techniques which are made available on the Part of Life
Service.
15. Disclaimer and Release.
Part of Life has no control over or responsibility
for the truth or accuracy of any material available
on the Part of Life Service, whether provided
by Members or others.
- If any third party sites are linked to from
the Part of Life Service, this does not mean
that we endorse or have any responsibility
for the site in question or anything which
appears on it.
- You should exercise no lesser degree of
caution in appraising what you see on the
Part of Life Service than you do offline.
- Even though Members are prohibited from
doing so, people may provide information,
or otherwise behave, in a way that is unreliable,
misleading or even illegal. Further, you should
note that people may not necessarily be who
they say they are.
- Your use of the Part of Life Service is
entirely at your own risk.
Accordingly, to the extent that the law permits,
you release Part of Life its directors, contractors
and employees from all liability arising out
of or in connection with the Part of Life Service
and the material included here by Members and
other third parties.
16. Intellectual Property.
You acknowledge that all copyright, trade marks,
and other intellectual property rights in and
relating to the Part of Life Service (including
the material which is contributed by Members)
are owned by Part of Life. It is easy to copy
material which appears on web-sites, but this
does not mean it is legal. Therefore, no-one
may copy, distribute, show in public or create
any derivative work from the Part of Life Service,
or any of the material which is found on the
Part of Life Service unless properly licensed
to do so by us.
By submitting any material to the content to
the Part of Life Service, you:
- are representing that you are fully entitled
to do so;
- grant us a non-exclusive, royalty-free,
non-terminable licence right to copy, modify,
distribute, show in public and create derivative
works from that material in any form, anywhere;
and
- authorise us to adapt the relevant material
in the course of doing so, and so waive your
moral rights to object to any derogatory treatment,
or to be identified as the author, of the
material in question.
17. Excluded loss.
We will not be liable to you or any third party
for any indirect or consequential loss or damage,
or for any loss of data, profit, revenue or
business, howsoever caused (whether arising
out of any negligence or breach of this Agreement
or otherwise). Part of Life will also not be
liable for any failure to perform of its obligations
under this Agreement caused by matters beyond
its reasonable control.
18. Maximum liability.
Without limiting the preceding Clause, during
any period of twelve months, the aggregate liability
of Part of Life under this Agreement (whether
arising in negligence or otherwise) will not
under any circumstances exceed the greater of
(a) ?5, or (b) an amount equal to the sums paid
by you to us by way of Full Membership fees
during the relevant period of six months, regardless
of the cause or form of action.
19. Non-excluded Liabilities.
Nothing in this Agreement limits Part of Life's
liability for death or personal injury resulting
from our negligence, or any other liability
which may not by law be excluded. Any statutory
rights you may have as a consumer remain unaffected.
20. Indemnity.
You agree to indemnify us against all liabilities,
claims and expenses that may arise from any
breach of this Agreement by you or through a
machine on which you access the Part of Life
Service.
21. Assignment. We
reserve the right to assign this Agreement,
and to assign or subcontract any or all of our
rights and obligations under this Agreement.
You may not without the written consent of Part of Life
assign or dispose of this Agreement.
22. Entire Agreement.
This Agreement includes our privacy
policy. Together they contain the whole
of the agreement between us and you concerning
the Part of Life Service and they replace all
earlier agreements and understandings with you,
except for any fraud or fraudulent representation
by either of us. A person who is not a party
to this Agreement has no right under the Contracts
(Rights of Third Parties) Act 1999 to rely upon
or enforce any term of this Agreement.
23. Changes to this
Agreement. Part of Life reserves the
right to change this Agreement from time to
time, and post the new version on the Part of Life
Service. When we do so, we will notify you of
the fact that there are changed terms on the
main screen (http://www.partoflife.com),
and the new version of these terms and conditions
will take effect, and will govern all Part of Life
Services and your relationship with Part of Life:
- commencing four weeks after the date of
posting (or such later date as Part of Life
indicates in the relevant posting), if any
of the changes is to an operative provision
of this Agreement which is capable of adversely
affecting you; if you do not wish to be governed
by the new version of the Agreement, you may
notify us on or before the date when the new
version of the Agreement is to take effect,
and from that date you must cease to use the
Part of Life Service; or
- immediately upon the date of posting (or
such later date as Part of Life indicates
in the relevant posting), if the changes are
not to operative provisions, or not capable
of adversely affecting you - examples of which
would include, without limitation, changes
to one or more of Part of Life?s addresses
or email addresses referred to in this Agreement.
24. Severability.
In the event that any term of this Agreement
is held to be invalid or unenforceable by judicial
decree or decision, the remainder of this Agreement
shall remain valid and enforceable.
25. Law. This
Agreement shall be governed by and construed
in accordance with the laws of England and Wales.
26. Contact.
You can contact us by post at 43 Fordwells Drive, Bracknell, Berkshire, RG12 9YL
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