IMPORTANT LEGAL NOTICE

By accessing the Village web site (the "Web Site") and related services (the "Services"), and in advance of browsing the Web Site and/or using the Services, you (the "User") acknowledge that you have read, understood and agree to be bound by these terms and conditions of use (the "Terms"), including the privacy policy for the Web Site (the "Privacy Policy"). You also agree to comply with all applicable and relevant laws and regulations.

"THE VILLAGE" is a registered business and trading name of Villagescape Ltd, registered in the UK (4696591).

If you do not or cannot agree to the Terms, you may not use the Web Site or the Services.

TERMS AND CONDITIONS OF USE

These are the terms and conditions of the Web Site and related Services.

1 The Services

The Services include but are not limited to the following:

  •   Electronic bulletin boards for the sharing of text and associated files with other Users.

  •   Personal webspace for the establishment of User identities within the Web Site.

  •   Electronic messaging systems (instant "telegrams", homespace messaging and email facilities), for communication with other Users and other third parties.

  •   Chat rooms for real-time communication between Users.

2 Acceptable Usage Of The Services

The User agrees to comply with the Terms in respect of its usage of the Web Site and the Services. Villagescape Ltd. reserves the right to investigate occurrences which may involve a violation of the Terms and may involve law enforcement authorities in prosecuting Users who have participated in such violations

2.1
 The User agrees not to use the Web Site or the Services for or in connection with any of the following activities:
  •    using the Web Site or the Services for any fraudulent or illegal purpose;

  •    using the Web Site or the Services in furtherance of the use, distribution or transmission of any unlawful, harassing, defamatory, tortious, libelous, pornographic, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind;

  •    transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended or might reasonably be expected to damage, destroy, disrupt or otherwise impair a computer's functionality or the operation of the Web Site or the Services;

  •    preventing or inhibiting other Users from using and/or enjoying the Web Site or its Services;

 2.2
 Villagescape Ltd. reserves the right to remove any materials which are in violation of 2.1 above, immediately and without notice.

2.3
 Villagescape Ltd. reserves the right to suspend or prohibit any user who violates 2.1 above, or any of the Terms and Conditions contained in the Privacy Policy from using the Web Site or related Services if, in its sole discretion, it is in its best legal interests to do so.

3 Ownership / Copyright and Reproduction Notice

The information, content (including compilation and rendering thereof), graphics, text, sounds, images, button icons, trade marks, service marks, trade names, logos, and materials included on the Web Site (the “Materials”) and the software included in the Services (the “Software”), are the property of Villagescape Ltd., and are protected by copyright, trademark, database rights, sui generis rights, design rights and other intellectual property and proprietary rights (collectively “Intellectual Property Rights”), under national laws and international treaties. No copying or exploitation of the Materials or the Software is permitted except expressly in accordance with the Terms or with the express written permission of Villagescape Ltd., or its licensors. The User acknowledges that it may not download and distribute copyrighted Material or Software from the Web Site without prior written consent from Villagescape Ltd. All rights not expressly granted hereunder are expressly reserved to Villagescape Ltd.

4 Limited Licence

4.1
 The User is hereby granted a limited licence solely for its own personal, non-commercial use to refer to, bookmark or point to any page within the Web Site, and to download the Materials contained on the Web Site to a single personal computer, and to print a single hard copy of the Materials contained on the Web Site for its own personal reference, provided however that all copyright, trade mark and other proprietary notices are left intact. The grant of this licence is conditional on the User’s agreement to, and compliance with, all of these Terms

4.2
 Any other use of the Materials contained on the Web Site, including the use of any tools, programs, and/or the Software or any of the pages of the Web Site and /or any part of the Software and any form of copying or reproduction (for any purpose other than those mentioned above) modification, distribution, re-publication, extraction, re-utilisation, incorporation or integration with other materials or works or re-delivery, without the prior written consent of Villagescape Ltd., is strictly forbidden and is in violation of the Intellectual Property Rights of Villagescape Ltd.

5 Software Licence

The User shall be in breach of this Agreement if the User downloads any Software from the Web Site, (including any images or files incorporated in or generated by the Software, and any data accompanying the Software) without prior written consent of Villagescape Ltd.

5.1
 The User may not distribute, sell or transmit the Software, and is not permitted to alter, modify or adapt the Software, including but not limited to translating, decompiling, reverse engineering, disassembling or creating derivative works, or to reduce the Software to any other form.

5.2
 External Hypertext links to any resource contained within the Web Site, other than the index page (www.villagescape.net) are prohibited without the express written consent of Villagescape Ltd.

6 Intellectual Property Rights Notice

Villagescape, The Village, The Village Green, The Village Council, Councillors, Constables, Guides, Villagers, Visitors and The Common are trade marks of Villagescape Ltd. All other trade marks, service marks, trade names and logos contained in the Web Site belong to their respective owners.

6.1
 Villagescape Ltd. retain all right, title, interest and intellectual property rights in and to the Materials and the Software. Nothing in the Terms shall be construed as conferring by implication, estoppel or otherwise, any license or right under Intellectual Property Right of Villagescape Ltd., to any other party.

7 Scripting

The User is not authorised to create and/or submit computer programming routines for any of the content provided by the Web Site and/or the Services for any purpose, unless specifically authorised by Villagescape Ltd. in writing to do so.

8 Linking

The User is not authorised to "deep-link" to the Web Site and/or the Services. This means that the User will not create, post, display, publish or distribute any link to the Web Site and/or the Services for any purpose, unless specifically authorised by Villagescape Ltd. in writing to do so. If the User does wish to link to the Web Site and/or the Services in any manner, they should contact The Village Council to seek permission.

9 Framing

The User is not authorised to create any frames at any other web sites pertaining to the Web Site and/or any of the Services for any purpose, unless specifically authorised by Villagescape Ltd. in writing to do so. If the User does wish to create a frame at any other web site pertaining to or using the Web Site and/or any of the Services for any purpose, they should contact The Village Council to seek permission.

10 Security

The User is specifically prohibited from violating or attempting to violate the security of the Web Site and/or the Services.

In this regard, the User agrees not to:

  •  access or attempt to access data or materials not intended for their specific use;

  •  log into or attempt to log into a server or account which they are not authorised to access;

  •  attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;

  •  attempt to interfere with service to any User, host or network, including without limitation, by means of submitting a virus to the Web Site and/or the Services, overloading, "flooding", "mailbombing" or "crashing" the Web Site and/or the Services.

Violations of system or network security may result in civil or criminal liability and prosecution.

11 Responsibilities

The User represents and warrants that any information and/or material posted or provided to Villagescape Ltd., including, without limitation, as part of any registration or subscription or to gain access to or use the Web Site and the Services (collectively "Submissions"), is truthful, accurate, not misleading, not confidential property of others, not in violation of any other third party's rights and offered in good faith.

12 Disclosure of Information

Any information disclosed to the User via the Web Site and/or the Services including, without limitation, any content or product, are not offered with any warranty or representation as to accuracy, performance or suitability for the User’s intended purpose or compliance with applicable law. The User will exercise caution, best practices and oversight in using information supplied through the Web Site and/or the Services.

13 Third Party Intellectual Property Rights

Without limiting the foregoing, the User may not, and by using the Web Site and/or the Services agrees not to, use the Web Site and/or the Services to:

  •  transmit or post any Submissions that are copyrighted, unless they are the copyright owner or have obtained the permission of the copyright owner to transmit it;

  •  transmit or post any Submissions that reveal trade secrets, unless they own them or have the permission of the owner to so transmit them;

  •  transmit or post any Submissions that infringe on any Intellectual Property Rights of others or violates the privacy or rights of publicity of others.

By using the Web Site and/or the Services, the User implicitly accepts complete and exclusive responsibility for the legality and acceptability of any and all Materials it posts or uploads, and agrees to indemnify Villagescape Ltd in that regard.

14 Warranty

All use by the User of the Web Site and the Services is at the Users own risk. The User assumes complete responsibility for, and for all risk of loss resulting from, the User downloading and/or using of, or referring to or relying on, the Materials, the Software, or any other information obtained from the User’s use of the Web Site and the Services.

The User agrees that Villagescape Ltd., and providers of telecommunications and network services to Villagescape Ltd., will not be liable for damages arising out of the User’s use or inability to use the Web Site and the Services, and the User hereby waives any and all claims with respect thereto, and whether based on contract, tort or other grounds.

The use of and all content and functionality provided by the Web Site and/or the Services, are provided on an "as is" basis, and all representations, warranties, terms and conditions, express or implied, statutory or otherwise, are hereby expressly excluded to the greatest extent permitted by applicable law.

Villagescape Ltd. does not warrant that use of the Web Site and/or the Services will meet the User’s requirements, that the Web Site and/or the Services will operate uninterrupted or error-free, that defects will be corrected, or that the Web Site and/or the Services or the server that makes them available are free of viruses or other harmful components or that transmission to or from the Web Site and/or the Services and access to the Web Site and/or the Services will be uninterrupted, not discontinued or error-free. Nor does Villagescape Ltd. warrant or make any representations regarding the use or the results of the use of the Web Site and/or the Services in terms of its quality, correctness, accuracy, reliability, or otherwise.

Villagescape Ltd. accepts no liability for any infection, by computer virus, bug, tampering, unauthorised access, intervention, alteration or use, fraud, theft, technical failure, error, omission, interruption, deletion, defect, delay or any event or occurrence beyond the control of Villagescape Ltd., which corrupts or affects the administration, security, fairness and integrity of or proper conduct of any aspect of the Web Site and/or the Services. There are certain inherent risks in using the Internet and the World Wide Web. Villagescape Ltd. makes no representations, warranties or undertakings about any of the Materials, or the Software on the Web Site (including, without limitation, their accuracy, their completeness or their merchantability, quality or fitness for any particular purpose).

Villagescape Ltd. cannot be held responsible for and does not endorse any content of or information on any other web site referred to or accessed by hypertext link through this Web Site or from which this Web Site is referred to or accessed by hypertext link (“third party site(s)”).

Villagescape Ltd. does not make any representations or warranties as to the security of any information the User might be requested to give to third party sites.

Villagescape Ltd. expressly disclaims liability in connection with any third party site (including but not limited to liability arising out of any allegation that the content of or information on any third party site infringes any law or the rights of any person or entity).

Villagescape Ltd. expressly disclaims any responsibility for the accuracy, timeliness, content, availability of information, products, services or merchandise found on third party sites.

Villagescape Ltd. disclaims any responsibility for product or service ordering functions, order fulfilment or compliance of products or services with any manufacturer's warranties or specifications which may be associated with such third party sites.

15 Limitation of Liability

To the fullest extent permitted by applicable law, Villagescape Ltd., its directors, employees, affiliates or other representatives shall not in any circumstances be liable for any damages including, without limitation, direct, special, indirect, incidental, economic or consequential damages that result from the User’s use or inability to use the Web Site, the Materials, the Software and/or the Services, (including loss or damage suffered by the User as a result of an action brought by a third party and also including any loss of profits, loss of data or loss of other opportunities) even if that damage was reasonably foreseeable, and even if Villagescape Ltd. had been advised of the possibility of the User incurring such damages.

The User acknowledges and agrees that Villagescape Ltd. shall not be liable for total or partial failure of performance of the duties and obligations of Villagescape Ltd., occasioned by an act of God, fire, act of Government or State, war, civil commotion, insurrection, embargo, inability to communicate with third parties for whatever reason, telecommunications services and systems breakdowns, prevention from or hindrance in obtaining any energy or other supplies, labour disputes (of whatever nature and whether involving the employees of Villagescape Ltd. or otherwise) beyond the control of Villagescape Ltd.

In no event shall Villagescape Ltd’s total liability to User, or anyone claiming by or through the User, for any damages, losses, claims and/or causes of action, whether in contract, tort, negligence or otherwise exceed one hundred pounds (UK£100).

16 Indemnity

The User shall indemnify, defend and hold harmless Villagescape Ltd. and its sponsors, business affiliates, subsidiaries, affiliates, officers, directors, employees, attorneys and agents, from and against any and all damages, claims, costs, expenses, losses or actions brought by the User or any third party resulting from the Users use of the Web Site and/or the Services in violation of the Terms or the infringement by the User of any Intellectual Property Rights of any person or entity.

17 Assignment

Villagescape Ltd. may at any time transfer or assign absolutely its rights, benefits and/or obligations under these Terms to any member for the time being of Villagescape Ltd’s group of companies, and /or may delegate the operation of the Web Site and/or the Services to such entity as it chooses.

The User’s rights under these Terms are personal to the User and are not capable of transfer or assignment.

18 Governing Law and Arbitration

The Web Site is controlled and operated by Villagescape Ltd from the United Kingdom. Villagescape Ltd. does not make any representation that the Materials, the Software and/or the Services offered through the Web Site are appropriate or suitable for use in countries other than the United Kingdom, or that they comply with any legal or regulatory requirements for such other countries. In accessing the Web Site, the User does so at its own risk and on its own initiative and is responsible for compliance with local laws, to the extent any local laws are applicable.

If it is prohibited to make the Materials, the Software, and/or Services offered through this Web Site or any part of them, available in the User’s country, or to the User (whether by reason of nationality, residence or otherwise), the Materials, the Software and/or the Services offered through this Web Site or any part of them are not directed at the User.

The User agrees that the Terms shall be governed by and construed in all respects by the substantive laws of the United Kingdom. The User acknowledges and agrees that for the benefit of Villagescape Ltd., but without prejudice to its rights to take action before any court of competent jurisdiction, that the courts of the United Kingdom have exclusive jurisdiction to hear and settle any dispute arising hereunder or in connection herewith.

19 Waiver

Any waiver of any provision of the Terms must be in writing and signed by Villagescape Ltd. to be valid. The waiver by Villagescape Ltd. of a breach or default of any of the Terms shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission by Villagescape Ltd. to exercise or avail itself of any right power or privilege that it has or may have hereunder, operate as a waiver of any breach or default by the User.

20 Severability

If any provision of the Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable in whole or in part, the invalidity or unenforceability of such provision shall not affect the remainder of the provision in question and the other provisions of the Terms and the remainder of the provision in question and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.

21 Entire Agreement

The Terms represent the entire understanding and agreement between the User and Villagescape Ltd. relating to the use of the Web Site and the Services and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by the User and by Villagescape Ltd.

22 Contract Electronically

The User agrees that the Terms, combined with their act of using the Web Site and the Services have the same legal force and effect as a written contract with the Users written signature and satisfy any laws that require a writing or signature. The User further agrees that it shall not challenge the validity, enforceability or admissibility of the Terms on the grounds that it was electronically transmitted or authorized. In addition, the User acknowledges that they have had the opportunity to print the Terms.

23 Revisions And Updates To The Terms

Villagescape Ltd. reserves the right, at its sole discretion, to revise, update and / or modify the Terms from time to time. Villagescape Ltd. also reserves the right to impose new or additional terms and conditions. Such revisions, updates, modifications and new or additional terms and conditions (collectively referred to in the Terms as "Additional Terms") will be effective immediately and incorporated into the Terms.

The User’s continued viewing or use of the Web Site and the Services will be deemed to conclusively indicate their acceptance of any and all such Additional Terms.