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Terms and Conditions of Use
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TERMS AND CONDITIONS FOR USE AND ACCESS TO groups.vamosa.com

Use of and access to groups.vamosa.com ('the Website') is subject to the terms and conditions set out below ('Terms'). By using or accessing the Website or any part thereof you agree to be bound by the Terms.

    * COPYRIGHT

© Vamosa Ltd. 2003-2006. The copyright in the Website is owned by Vamosa Ltd. of 121 West Regent Street, Glasgow G2 2SD, United Kingdom ('Vamosa') and protected by United Kingdom and international copyright laws. Any party using or accessing the Website ('Visitor') is entitled to copy any such information for their own personal use but may not re-publish, store or reproduce any such information in any manner (1) without the prior written consent of Vamosa or (2) save where such reproduction is expressly permitted as set out in the Website.

Any unauthorised downloading, re-transmission or other copying or modification of any of the contents of the Website may be in breach of statutory or common law rights which could be the subject of legal action. Vamosa disclaims all liability which may result from any unauthorised reproduction or use of the information on the Website.

    * SECURITY OF PERSONAL DATA

As the internet is not a secure medium of communication, Vamosa cannot guarantee the security of any information which any party inputs on the Website or any website accessed via a hypertext link from the Website ('Linked Website'). Vamosa is not and will not be responsible for any loss or damage any party may suffer as a result of the loss of confidentiality of any such information.

    * TRADE NAMES

Certain names, words, titles, phrases, logos, icons, graphics and designs displayed on the Website constitute trade names or registered or unregistered trade marks or service marks of Vamosa, its affiliates or licensors. The display of any trade names or registered or unregistered trade marks or service marks on the Website does not imply any licence has been granted to any Visitor or third party in respect of the same. All rights not expressly granted are reserved by Vamosa, its affiliates or licensors.

    * LIABILITY FOR DAMAGES

Vamosa and any third party involved in creating, producing, maintaining or delivering the Website, and any of Vamosa's subsidiaries or affiliated companies, its officers, directors, employees, shareholders or agents or any of them shall not be liable for any direct or indirect, special, incidental or consequential damages including any loss of profits, business, revenue or goodwill arising from (1) the use of or access to or inability to use or access the Website or any Linked Website; (2) any interruption or unavailability of the Website or any Linked Website; (3) the operation or transmission of the Website or any Linked Website; and (4) any damage caused by any virus which may infect computer equipment, software, data or other property of any Visitor accessing the Website or any Linked Website.

    * WARRANTIES

Visitors acknowledge, understand and agree that:

          o their use of the Website is at their sole risk. The information on the Website, including but not limited to any content posted on the Website by Visitors ('Visitor Content') is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, Vamosa expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;

          o Vamosa makes no warranty that (1) the Website will meet the requirements of Visitors; (2) the Website will be uninterrupted, timely, secure or error free; and (3) any information that may be obtained from the use of the Website will be accurate or reliable;

          o any material downloaded or otherwise obtained through the use of the Website is obtained and used at the Visitor's sole risk and discretion and Visitors will be solely responsible for any damage to their computer system or loss of data that results from the download of any such material;

          o no advice or information, whether oral or written, obtained by Visitors through or from the Website shall create any warranty by Vamosa; and

          o the Website must not be accessed, monitored or copied by any manual process or by any robot, spider or other automated device.

    * VISITOR CONTENT

Vamosa has limited control over Visitor Content and as a result Vamosa cannot guarantee the accuracy or integrity or quality of any Visitor Content. Some Visitors may infringe the terms of the undernoted Rules and post Visitor Content on the Website which is misleading, untrue or offensive.

Visitors shall bear all risk in relation to the use of the Website and should not rely on any Visitor Content in making or not making any specific decision or taking or not taking any specific course of action.

By submitting Visitor Content to the Website, the Visitor is granting Vamosa a perpetual, royalty-free, non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-licence the Visitor Content in whole or in part and in any form.

Where possible, Vamosa reserves the right to contact a Visitor by e-mail with regard to the Visitor's use of the Website.

Visitors are solely responsible for their interactions with other Visitors. Vamosa reserves the right (but has no obligation) to monitor any disputes between Visitors.

Visitors agree that Vamosa may establish, in its sole discretion, any limitations, conditions or rules concerning the use of the Website (including, without limitation, the undernoted Rules) and including, for example, the maximum number of posts on the Website in a given day, or the maximum size of a given post. Visitors acknowledge that Vamosa has the right to change these general practices and limits at any time, in its sole discretion.

Visitors understand and agree that any Visitor Content is the exclusive responsibility of the person who posted or uploaded such Visitor Content and that Visitors will be solely responsible for any Visitor Content they may upload, post, e-mail or otherwise transmit via the Website. Visitors acknowledge and agree that Vamosa is not responsible for, does not control, does not endorse and does not verify any Visitor Content and Vamosa makes no guarantee regarding the reliability, service, accuracy, legitimacy or quality of any such Visitor Content. Visitors agree that they will bear any and all risk of reliance on the accuracy, validity or legitimacy of such Visitor Content. Under no circumstances shall Vamosa be liable in any way to Visitors for any Visitor Content, including but not limited to, errors or omissions in any content or any loss or damage of any kind incurred as a result of any content posted or otherwise transmitted via the Website.

By posting Visitor Content on the Website a Visitor waives any moral rights which he or she may have in relation to the Visitor Content. Each Visitor is wholly responsible and liable for the Visitor Content which that Visitor posts on the Website.

Visitors acknowledge and agree to strictly comply with the rules set by Vamosa in relation to the posting of Visitor Content on the Website ('Rules'). Specifically, Visitors shall not:

    * post, link to or otherwise publish any Visitor Content containing any form of advertising or promotion for goods and services or any chain content or “spam”;

    * post, link to or otherwise publish any Visitor Content which contains any confidential information of or about a third party except with such third party’s explicit consent or authority;

    * post, link to or otherwise publish any Visitor Content that is unlawful, threatening, abusive, defamatory, libellous, indecent, dishonest or offensive or which infringes copyright or any other rights of any third party or which contains any form of illegal content;

    * disguise the origin of any Visitor Content;

    * impersonate any third party or misrepresent any affiliation to any third party;

    * collect or store other Visitor’s personal data;

    * restrict or inhibit any other Visitor from visiting, using or accessing the Website;

    * infringe any intellectual property rights of any third party;

    * upload, post, e-mail or otherwise transmit any material that (1) is unlawful, threatening, abusive, delictual, defamatory, obscene or invasive of another’s privacy; (2) consists of instructional information on illegal, immoral, dishonest or offensive activities; (3) violates or infringes in any way the proprietary rights of others, including, without limitation, software, music, photographs, text, videos or artwork; (4) constitutes pornography or sexual material of an obscene nature that violates the law in a relevant jurisdiction; (5) is the private information of another; (6) Visitors do not have the right to upload or post due to contractual or other legal obligations; or (7) contains software viruses, Trojan horses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Upon posting Visitor Content on the Website, Visitors agree to indemnify and hold harmless Vamosa from all losses, damage, costs and expenses (including legal expenses) arising out of any Visitor Content posted by the Visitor on the Website.

If any Visitor believes that Visitor Content posted on the Website infringes their rights, such Visitor should notify Vamosa immediately by contacting Vamosa by e-mail at info@vamosa.com.

    * PRIVACY POLICY

By using the Website, Visitors agree to the capture and use of their data in accordance with the terms laid out in Vamosa's Privacy Policy.

    * LINKS TO OTHER WEBSITES

Vamosa accepts no responsibility or liability in respect of any material displayed on any Linked Websites.

Any links to third party websites are provided solely for Visitors’ convenience. Vamosa does not control and is not responsible for Linked Websites or their content or availability. Vamosa accordingly does not endorse or make any representations about any Linked Websites or any material appearing upon any Linked Websites or any results that may be obtained by using any Linked Websites.

Visitors acknowledge and agree that Vamosa shall not be responsible or liable, directly or indirectly for any damage or loss caused by or in connection with use of or reliance on any material displayed on a Linked Website.

    * ACCURACY OF WEBSITE CONTENT

Content provided on the Website is believed to be reliable when displayed. Vamosa does not guarantee that information on the Website shall be accurate, complete and current at all times. All information on the Website is subject to modification from time to time without notice, as set out below.

    * CHANGES TO THE TERMS

Vamosa reserves the right to make changes to any part of the Website and due to its policy of updating the Website from time to time Vamosa may update or amend the Terms. The amended terms shall become effective immediately upon the posting of the amended terms on the Website, and the use of the Website by any Visitor on or after any such effective date shall constitute acceptance of such amended terms.

Visitors agree that Vamosa, in its sole discretion, may at any time remove and discard any information appearing on the Website for any reason.

    * GENERAL

If any provision of the Terms is found to be invalid the validity of that provision shall not affect the validity of the remaining provisions of the Terms which shall remain in full force and effect.

Visitors may not assign, sub-licence or otherwise transfer any of their rights under these Terms.

If Vamosa or any Visitor fails to exercise any right or remedy available under the Terms, such failure does not constitute a waiver of that right or remedy.

The Headings in the Terms are for convenience only and will have no legal meaning or effect.

    * GOVERNING LAW

The Terms shall be governed by and construed in accordance with the laws of Scotland. If any Visitor intends to take legal action in relation to the Terms and/or the Website such Visitor agrees that the Scottish courts shall have exclusive jurisdiction.

©2006 Vamosa Ltd.. All Rights Reserved.
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