Terms of Use
AGREEMENT
BETWEEN USER AND Stinchcombe Hill Website
The Stinchcombe Hill Website Web Site is comprised of various Web
pages operated by Stinchcombe Hill Website.
The Stinchcombe Hill Website Web Site is offered to you
conditioned on your acceptance without modification of the terms,
conditions, and notices contained herein. Your use of the
Stinchcombe Hill Website Web Site constitutes your agreement to all
such terms, conditions, and notices.
MODIFICATION OF
THESE TERMS OF USE
Stinchcombe Hill Website reserves the right to change the terms,
conditions, and notices under which the Stinchcombe Hill Website
Web Site is offered, including but not limited to the charges
associated with the use of the Stinchcombe Hill Website Web
Site.
LINKS TO THIRD
PARTY SITES
The Stinchcombe Hill Website Web Site may contain links to other
Web Sites ("Linked Sites"). The Linked Sites are not under the
control of Stinchcombe Hill Website and Stinchcombe Hill Website is
not responsible for the contents of any Linked Site, including
without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. Stinchcombe Hill Website is
not responsible for webcasting or any other form of transmission
received from any Linked Site. Stinchcombe Hill Website is
providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by Stinchcombe
Hill Website of the site or any association with its
operators.
NO UNLAWFUL OR PROHIBITED
USE
As a condition of your use of the Stinchcombe Hill
Website Web Site, you warrant to Stinchcombe Hill Website that you
will not use the Stinchcombe Hill Website Web Site for any purpose
that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the Stinchcombe Hill Website Web Site in
any manner which could damage, disable, overburden, or impair the
Stinchcombe Hill Website Web Site or interfere with any other
party's use and enjoyment of the Stinchcombe Hill Website Web Site.
You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or
provided for through the Stinchcombe Hill Website Web Sites.
USE OF
COMMUNICATION SERVICES
The Stinchcombe Hill Website Web Site may contain bulletin board
services, chat areas, news groups, forums, communities, personal
web pages, calendars, and/or other message or communication
facilities designed to enable you to communicate with the public at
large or with a group (collectively, "Communication Services"), you
agree to use the Communication Services only to post, send and
receive messages and material that are proper and related to the
particular Communication Service. By way of example, and not as a
limitation, you agree that when using a Communication Service, you
will not:
- Defame, abuse, harass, stalk,
threaten or otherwise violate the legal rights (such as rights of
privacy and publicity) of others.
- Publish, post, upload,
distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or
information.
- Upload files that contain
software or other material protected by intellectual property laws
(or by rights of privacy of publicity) unless you own or control
the rights thereto or have received all necessary consents.
- Upload files that contain
viruses, corrupted files, or any other similar software or programs
that may damage the operation of another's computer.
- Advertise or offer to sell or
buy any goods or services for any business purpose, unless such
Communication Service specifically allows such messages.
- Conduct or forward surveys,
contests, pyramid schemes or chain letters.
- Download any file posted by
another user of a Communication Service that you know, or
reasonably should know, cannot be legally distributed in such
manner.
- Falsify or delete any author
attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
- Restrict or inhibit any other
user from using and enjoying the Communication Services.
- Violate any code of conduct or
other guidelines which may be applicable for any particular
Communication Service.
- Harvest or otherwise collect
information about others, including e-mail addresses, without their
consent.
- Violate any applicable laws or regulations.
Stinchcombe Hill Website has no obligation to monitor the
Communication Services. However, Stinchcombe Hill Website reserves
the right to review materials posted to a Communication Service and
to remove any materials in its sole discretion. Stinchcombe Hill
Website reserves the right to terminate your access to any or all
of the Communication Services at any time without notice for any
reason whatsoever.
Stinchcombe Hill Website reserves the right at all times to
disclose any information as necessary to satisfy any applicable
law, regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or materials, in whole
or in part, in Stinchcombe Hill Website's sole discretion.
Always use caution when giving out any personally identifying
information about yourself or your children in any Communication
Service. Stinchcombe Hill Website does not control or endorse the
content, messages or information found in any Communication Service
and, therefore, Stinchcombe Hill Website specifically disclaims any
liability with regard to the Communication Services and any actions
resulting from your participation in any Communication Service.
Managers and hosts are not authorized Stinchcombe Hill Website
spokespersons, and their views do not necessarily reflect those of
Stinchcombe Hill Website.
Materials uploaded to a Communication Service may be subject to
posted limitations on usage, reproduction and/or dissemination. You
are responsible for adhering to such limitations if you download
the materials.
MATERIALS PROVIDED TO
Stinchcombe Hill Website OR POSTED AT ANY Stinchcombe Hill Website
WEB SITE
Stinchcombe Hill Website does not claim ownership of the materials
you provide to Stinchcombe Hill Website (including feedback and
suggestions) or post, upload, input or submit to any Stinchcombe
Hill Website Web Site or its associated services (collectively
"Submissions"). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting
Stinchcombe Hill Website, its affiliated companies and necessary
sublicensees permission to use your Submission in connection with
the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat
your Submission; and to publish your name in connection with your
Submission.
No compensation will be paid with respect to the use of your
Submission, as provided herein. Stinchcombe Hill Website is under
no obligation to post or use any Submission you may provide and may
remove any Submission at any time in Stinchcombe Hill Website's
sole discretion.
By posting, uploading, inputting, providing or submitting your
Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for
you to provide, post, upload, input or submit the
Submissions.
LIABILITY
DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE Stinchcombe Hill Website WEB SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. Stinchcombe Hill Website AND/OR
ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
Stinchcombe Hill Website WEB SITE AT ANY TIME. ADVICE RECEIVED VIA
THE Stinchcombe Hill Website WEB SITE SHOULD NOT BE RELIED UPON FOR
PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD
CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO
YOUR SITUATION.
Stinchcombe Hill Website AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE Stinchcombe Hill
Website WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY
OR CONDITION OF ANY KIND. Stinchcombe Hill Website AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL Stinchcombe Hill Website AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, 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 THE Stinchcombe Hill
Website WEB SITE, WITH THE DELAY OR INABILITY TO USE THE
Stinchcombe Hill Website WEB SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE Stinchcombe Hill Website WEB SITE, OR
OTHERWISE ARISING OUT OF THE USE OF THE Stinchcombe Hill Website
WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF Stinchcombe Hill Website OR ANY OF
ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE Stinchcombe Hill Website WEB SITE, OR WITH
ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE Stinchcombe Hill Website WEB SITE.
SERVICE CONTACT : jeff@jatech.co.uk
TERMINATION/ACCESS
RESTRICTION
Stinchcombe Hill Website reserves the right, in its sole
discretion, to terminate your access to the Stinchcombe Hill
Website Web Site and the related services or any portion thereof at
any time, without notice. GENERAL To the maximum extent permitted
by law, this agreement is governed by the laws of the State of
Washington, U.S.A. and you hereby consent to the exclusive
jurisdiction and venue of courts in King County, Washington, U.S.A.
in all disputes arising out of or relating to the use of the
Stinchcombe Hill Website Web Site. Use of the Stinchcombe Hill
Website Web Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these terms and conditions,
including without limitation this paragraph. You agree that no
joint venture, partnership, employment, or agency relationship
exists between you and Stinchcombe Hill Website as a result of this
agreement or use of the Stinchcombe Hill Website Web Site.
Stinchcombe Hill Website's performance of this agreement is subject
to existing laws and legal process, and nothing contained in this
agreement is in derogation of Stinchcombe Hill Website's right to
comply with governmental, court and law enforcement requests or
requirements relating to your use of the Stinchcombe Hill Website
Web Site or information provided to or gathered by Stinchcombe Hill
Website with respect to such use. If any part of this 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 the agreement shall
continue in effect. Unless otherwise specified herein, this
agreement constitutes the entire agreement between the user and
Stinchcombe Hill Website with respect to the Stinchcombe Hill
Website Web Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written,
between the user and Stinchcombe Hill Website with respect to the
Stinchcombe Hill Website Web Site. A printed version of this
agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent an d subject to the
same conditions as other business documents and records originally
generated and maintained in printed form. It is the express wish to
the parties that this agreement and all related documents be drawn
up in English.
COPYRIGHT AND TRADEMARK
NOTICES:
All contents of the Stinchcombe Hill Website Web Site are:
Copyright 2009 by Jatech Ltd and/or its suppliers. All rights
reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be
the trademarks of their respective owners.
The example companies, organizations, products, people and events
depicted herein are fictitious. No association with any real
company, organization, product, person, or event is intended or
should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement under United States
copyright law should be sent to Service Provider's Designated
Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL
RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of
Copyright Infringement.



