AGREEMENT BETWEEN USER AND Overcoming Anorexia OnlineThe Overcoming Anorexia Online Web Site is comprised
of various Web pages owned and operated by Medianovations Limited based in the
United Kingdom.
The Overcoming Anorexia Online Web Site is offered to you conditional on your
acceptance without modification of the terms, conditions, and notices contained
herein. Your use of the Overcoming Anorexia Online Web Site constitutes your
agreement to all such terms, conditions, and notices
MODIFICATION OF THESE TERMS OF USE
Medianovations Limited reserves the right to change the terms, conditions, and notices under which the
Overcoming Anorexia Online Web Site is offered, including but not limited to the charges associated with the use of the
Overcoming Anorexia Online Web Site..
LINKS TO THIRD PARTY SITES
The Overcoming Anorexia Online Web Site may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of Medianovations Limited
and Medianovations Limited 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. Medianovations Limited is not responsible
for webcasting or any other form of transmission received from any Linked Site.
Medianovations Limited is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by Medianovations
Limited of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Overcoming Anorexia Online Web Site, you warrant to
Medianovations Limited that you will not use the Overcoming Anorexia Online Web
Site for any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the Overcoming Anorexia Online Web Site in any manner
which could damage, disable, overburden, or impair the Overcoming Anorexia Online Web
Site or interfere with any other party's use and enjoyment of the Overcoming Anorexia Online
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 Overcoming Anorexia Online
Web Sites.
USE OF COMMUNICATION SERVICES
The Overcoming Anorexia Online 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.
Medianovations Limited has no obligation to monitor the Communication Services. However, Medianovations Limited reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Medianovations Limited reserves the right to terminate your access to any or all of
the Communication Services at any time without notice for any reason whatsoever..
Medianovations Limited 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 Medianovations Limited sole
discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Medianovations Limited
does not control or endorse the content, messages or information found in any
Communication Service and, therefore, Medianovations Limited 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 Medianovations Limited spokespersons, and their
views do not necessarily reflect those of Medianovations Limited.
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 Medianovations Limited OR POSTED AT ANY Overcoming Anorexia Online WEB
SITE
Medianovations Limited does not claim ownership of the materials you provide to
Medianovations Limited (including feedback and suggestions) or post, upload, input
or submit to any Overcoming Anorexia Online Web Site or its associated services
(collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting Medianovations Limited, 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. Medianovations Limited is under no obligation to post or use
any Submission you may provide and may remove any Submission at any time in
Medianovations Limited 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
MEDIANOVATIONS LIMITED IS A SOFTWARE COMPANY. THE Overcoming Anorexia Online WEB
SITE IS INTENDED AS A TRAINING PACKAGE, REFERENCE AND EDUCATION TOOL FOR
INDIVIDUALS SUFFERING FROM ANOREXIA. THE CONTENT CONTAINED ON THE SITE IS NOT
INTENDED AS A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT AND SUPERVISION OF A
SUITABLY QUALIFIED HEALTHCARE PROFESSIONAL. IF THE USER AT ANY TIME IS IN ANY
DOUBT ABOUT THEIR SUITABILITY TO USE OR CONTINUE TO USE THE Overcoming Anorexia Online WEBSITE THEY SHOULD SEEK ADVICE IMMEDIATELY FROM THEIR HEALTHCARE
PROFESSIONAL. THE CONTENT AND SERVICES AVAILABLE THROUGH THE SITE ARE FOR
INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. NEITHER THE CONTENT, THE SERVICES
NOR THE SITE CONSTITUTES MEDICAL ADVICE OR MEDICAL OR DIAGNOSTIC SERVICES. THE
USER'S RELIANCE UPON THE CONTENT OR SERVICES OBTAINED PURSUANT TO THE SITE IS
SOLELY AT THE USER'S OWN RISK. THIS SOFTWARE IS AN EDUCATIONAL TOOL AND INTENDED
TO BE USED BY INDIVIDUALS WHO ARE UNDER THE SUPERVISION OF A SUITABLY QUALIFIED
HEALTHCARE PROFESSIONAL. MEDIANOVATIONS LIMITED CANNOT BE LIABLE FOR ANY INJURY
LOSS OR DAMAGE ARISING AS A RESULT OF YOUR FAILURE TO FOLLOW THESE INSTRUCTIONS.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE
Overcoming Anorexia Online WEB SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
MEDIANOVATIONS LIMITED AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES
IN THE
Overcoming Anorexia Online WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE
Overcoming Anorexia Online WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL,
MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
HEALTHCARE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
MEDIANOVATIONS LIMITED 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
Overcoming Anorexia Online 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. MEDIANOVATIONS LIMITED 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 MEDIANOVATIONS LIMITED AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE
Overcoming Anorexia Online WEB SITE, WITH THE DELAY OR INABILITY TO USE THE
Overcoming Anorexia Online 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
Overcoming Anorexia Online WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE
Overcoming Anorexia Online WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
Overcoming Anorexia Online OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME COUNTRIES/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
Overcoming Anorexia Online WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
Overcoming Anorexia Online WEB SITE.
SERVICE CONTACT : oasupport@media-innovations.ltd.uk
TERMINATION/ACCESS RESTRICTION
Medianovations Limited reserves the right, in its sole discretion, to terminate your access to the Overcoming Anorexia Online Web Site and the related services or any portion thereof at any time, without notice.
This Agreement shall be governed by and construed in accordance with the laws of England and Wales. All disputes arising out of or in connection with this Agreement that the Parties are unable to settle amicably shall be subject to the exclusive jurisdiction of the English courts.
To the maximum extent permitted by law, you hereby consent to the exclusive jurisdiction and venue of courts in England and Wales in all disputes arising out of or relating to the use of the Overcoming Anorexia Online Web Site. Use of the Overcoming Anorexia Online Web Site is unauthorised 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 Medianovations Limited as a result of this agreement or use of the Overcoming Anorexia Online Web Site. Medianovations Limited performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Medianovations Limited right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Overcoming Anorexia Online Web Site or information provided to or gathered by Overcoming Anorexia Online 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 Medianovations Limited with respect to the Overcoming Anorexia Online Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Medianovations Limited with respect to the Overcoming Anorexia Online 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 Overcoming Anorexia Online Web Site are:
© Copyright 2007-11 by Media Innovations & Dr Chris Williams 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
Any notice in connection with this Agreement must be in writing and in English, and shall be validly given if delivered by hand to the persons listed hereinafter, or if sent by fax (with a confirmation copy sent by registered mail or an internationally recognized overnight delivery service within three business days) to the fax numbers and addresses set out hereinafter, or if sent by registered mail or an internationally recognised overnight delivery service to the addresses set out hereinafter, or if to such other addressee, fax number or address as one Party may notify to the other Party in accordance with this Section
If to Licensor: | Name: | Media Innovations Ltd |
| Address: | Airebank House 419
Kirkstall Road Leeds LS4 2EZ West Yorkshire United Kingdom |
| Attention: | Managing Director |
| Fax number: | +44 113 201 5579 |
Any notice shall be effective upon receipt and shall be deemed to have been received at the time of delivery, if delivered by hand or overnight delivery service, or on the next business day in the place to which it is sent, if sent by fax (provided, however, that if no confirmation is received within three business days, the notice shall be deemed to have been received on the date such confirmation is received), or on the first business day following the date of posting if sent by registered mail, provided both the sender and the addressee reside in the United Kingdom, or three business days (in the place to which it is sent) following the date of posting if sent by registered mail, when either the sender or the addressee does not reside in the United Kingdom