Terms of Use
Please read these Terms of Service carefully. By accessing the DestiNet web site at www.destinet.co.uk (the "Site") or by means of any other variation of the DestiNet domain name you are agreeing to the terms that appear below, whether or not you register as a user.
If you have any questions, please contact destinet@destinet.co.uk
These Terms of Service were last updated on July 16, 2006.
1. Introduction
This Site is owned and operated by DestiNet Limited, part of the DestiNet Group of companies, located in the UK. All Content on the Site belongs to DestiNet Limited and/or its licensors and content providers as outlined in our Copyright Policy.
As a user, you will be able to access Content on most areas of the Site without going through a registration process. Certain areas of the Site are only open to you if you register.
DestiNet reserves the right to suspend or terminate your access and use of the Site at any time. It may exercise this right with or without notice. If applicable, notice will be given to your email address as notified to DestiNet. In that event, notice will be deemed to be served twelve hours after transmission or posting.
2. Use of destinet.co.uk
We agree to use our reasonable endeavours to maintain the Site in a fully operating and error free condition. As this cannot be guaranteed we do not accept responsibility for any defects that may occur or for any loss of profits, loss of data, costs or any consequential losses arising from your use or inability to use the Site.
Your participation and dealings with and interest in any form in promotions, services, offers of merchants, advisors, providers, agents and associates found on or via the Site unless explicitly stated by us, are solely between you and the person with whom you are dealing. Should any dispute arise between you and the other party we may assist you at our discretion but shall not be responsible for any loss, costs or damages that may arise from any such dealings
You shall at all times use the Site in such a way that ensures full compliance with all applicable laws and regulations. You shall not use the Site to transmit or post any material which, in our opinion, is malicious, defamatory, offensive, obscene, lewd, annoying, threatening or menacing in any way against any party by act of omission or commission.
3. Registration
In consideration of your use of the Site, you agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form and also to maintain and promptly update this information.
You are under no obligation to provide such information. However, if you should choose to withhold the requested information, we may not be able to provide you with certain services.
You are responsible for maintaining the full and total confidentiality of the password and username that may be assigned to you on registration. As a result you are fully responsible for all actions and activities that take place under such password and username. If you believe there has been an unauthorised use of your password and your username or if their confidentiality is in any way compromised, it is your responsibility to contact us immediately at destinet@destinet.co.uk.
4. Community Forums
This Site may contain bulletin board services, chat areas, news groups, forums, and/or other message or communication facilities (collectively known as "Community Forums").
You agree to use the Community Forums only to send and receive messages and material that are proper and related to the particular Community Forum. By way of example, and not as a limitation, you agree that when using a Community Forum, 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 material that is unlawful, threatening, abusive, libellous, indecent, infringe copyright or other rights of third parties or which contain any other form of illegal content.
- Post or otherwise publish any messages unrelated to the Community Forum or the Community Forum's topic.
- 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 any goods or services for any commercial purpose.
- Impersonate any person or entity (including DestiNet employees or Community Forum guests or hosts) or misrepresent any affiliation with any person or entity.
- Disguise the origin of any material you post, publish, upload, distribute or disseminate.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Community Forum 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.
- Collect or store other users' personal data.
- Restrict or inhibit any other user from using and enjoying the Community Forums.
DestiNet reserves the right to terminate your access to any or all of the Community Forums at any time without notice for any reason whatsoever.
By submitting messages to any Community Forum you agree to indemnify and hold harmless DestiNet from all claims, costs and expenses (including legal expenses) arising out of any material posted or published by you that are in breach of these regulations.
The Community Forums contain material submitted by users over whom DestiNet has no control. DestiNet cannot guarantee the accuracy, integrity or quality of any material. Some users may breach these terms and post material that is misleading, untrue or offensive. You must bear all risk associated with your use of the Community Forums and should not rely on material in making (or refraining from making) any specific investment or other decisions.
DestiNet employees (who will be clearly identified as such) will also contribute material to the Community Forums in order to stimulate discussions and ensure the smooth running of the Community Forums. The Community Forums may also contain material from special guests selected by DestiNet. The opinions of those DestiNet employees and special guests are their own and are not necessarily endorsed by DestiNet.
By submitting material to any Community Forum you are granting DestiNet a perpetual royalty free non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the material in whole or in part and in form. This may include personal information such as your user name and alias and your expressions of opinion. DestiNet reserves the right to contact you by email with regard to your use of the Community Forums.
It is not possible for DestiNet to fully and effectively monitor when material infringes the copyright of a third party or other third party rights. If you believe that any material infringes any legal rights that you may have, you should notify DestiNet immediately by contacting destinet@destinet.co.uk.
You are solely responsible for the content of any material you may post on or via the Site. Any information that is disclosed becomes public information and you should exercise caution when deciding to disclose your personal information.
5. Hyperlinks
This Site contains hyperlinks or other references to third party websites ("Third Party Sites") that DestiNet does not own or operate. Such hyperlinks are provided for your reference only. DestiNet makes no warranties or representations regarding the availability of, or the content located on or through Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites. DestiNet does not endorse, sponsor, or review the content contained at the Third Party Sites to which hyperlinks on the DestiNet Site is directed, nor does DestiNet represent that such Third Party Sites are appropriate for children, in compliance with laws, or are what they purport to be. Accordingly, DestiNet does not accept any responsibility or liability for content contained at such Third Party Sites. Likewise, the parties who own, control, or operate the Third Party Sites at which such hyperlinks are directed do not necessarily have knowledge of, endorse, sponsor, or approve of the hyperlink or content contained at this Site.
DestiNet is not responsible for the privacy policies of such Third Party Sites.
6. Linking to us
Websites may use one of the graphic icons and code provided on our 'Link to Us' page in order to link to us. By downloading any of the graphic icons, you agree to be bound by the following policies:
- You may use one or more of the graphic icons on your website, and not in any other manner. It must always be an active link to the DestiNet homepage at http://www.destinet.co.uk.
- The graphic icons may be used only on web pages that make accurate references to DestiNet. You may not display the graphic icons in any manner that implies sponsorship, endorsement or licence by DestiNet.
- You may not alter the graphic icons in any manner, including size, proportions, colours, elements, etc., or animate, morph or otherwise distort their perspective or two dimensional appearance.
- You may not use the graphic icons on any website that disparages DestiNet or its products or services, infringes any DestiNet intellectual property or other rights, or violates international law.
- These policies do not grant a license or any other right to the DestiNet logo or trademarks. DestiNet reserves the right in its sole discretion to terminate or modify permission to use any graphic icon at any time.
- DestiNet reserves the right to take action against any use that does not conform to these policies, infringes any DestiNet intellectual property or other right, or violates other applicable law.
7. Disclaimer
The Content on this Site is only for your general information and use and is not intended to address your particular requirements. In particular, the Content does not constitute any form of advice, recommendation or arrangement by DestiNet and is not intended to be relied upon by users in making (or refraining from making) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision. Any arrangements made between you and any third party named on this Site are at your sole risk and responsibility.
NO WARRANTIES
BECAUSE OF THE NUMBER OF SOURCES FROM WHICH DESTINET OBTAINS CONTENT AND THE NATURE OF ELECTRONIC DISTRIBUTION VIA THE INTERNET, DESTINET DOES NOT GIVE ANY WARRANTIES IN RESPECT OF THE SITE, CONTENT, SOFTWARE OR SERVICES AVAILABLE THROUGH THE SITE (COLLECTIVELY, "SITE SERVICES"). IN PARTICULAR, THE SITE SERVICES ARE PROVIDED ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, DESTINET HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS OR DUTIES OF EVERY NATURE WHATSOEVER (EXCEPT ANY DUTIES OF GOOD FAITH), INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, ANY EXPRESS OR STATUTORY WARRANTIES, AND ANY WARRANTIES OR DUTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, PERFORMANCE, LACK OR NEGLIGENCE OR OF WORKMANLIKE EFFORT. ADDITIONALLY, DESTINET MAKES NO WARRANTY THAT THE SITE SERVICES ARE FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. ALSO, DESTINET DOES NOT PROVIDE ANY WARRANTY AGAINST INFRINGEMENT OR OF TITLE OR QUIET ENJOYMENT AND MAKES NO EXPRESS WARRANTIES.
NO INCIDENTAL OR CONSEQUENTIAL DAMAGES
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT DESTINET WILL NOT BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR FOR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE SERVICES OR TO ANY BREACH OF THE TERMS BY DESTINET, EVEN IF DESTINET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY.
LIMITATION ON DAMAGES; EXCLUSIVE REMEDY
YOU AGREE THAT YOUR ONLY RECOVERY FOR ANY DAMAGES THAT YOU INCUR, AND YOUR EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE DIRECT DAMAGES YOU ACTUALLY INCUR IN REASONABLE RELIANCE ON THE APPLICABLE SITE SERVICE UP TO A LIMIT OF THE FOLLOWING, AT DESTINET'S ELECTION: (1) A REFUND OF THE AMOUNT YOU PAID (IF ANY) IN TOTAL DURING THE MONTH IN WHICH THE DAMAGE IS FIRST INCURRED, LESS ANY REASONABLE ALLOWANCE FOR COMPLYING SERVICES, OR (2) CORRECTION OR REPLACEMENT OF THE SERVICE. ALL LIMITATIONS WILL APPLY TO ALL LEGAL AND EQUITABLE THEORIES.
8. Privacy Policy
The information that you provide about yourself to DestiNet will only be used in accordance with our Privacy Policy.
The Privacy Policy does not apply to Third Party Sites.
9. Changes to these Terms of Service
DestiNet reserves the right to change or modify these Terms of Use at any time without notice to you. Please read these Terms of Service carefully, as you are bound to comply with the provisions herein.
10. Choice of law and jurisdiction
These terms are governed by English law. Use of the services provided by DestiNet and access to this Site is not authorised in any jurisdiction which does not legally recognise the provisions of these Terms of Service.
