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Terms of Use
1. Introduction
1.1 Welcome to winningconkers.com. The purpose of this site is to provide online articles and other information of a lifestyle interest
1.2 PLEASE READ THESE TERMS AND CONDITIONS OF USE ('Terms') BEFORE USING OUR SITE. By using our site you are agreeing to be bound by these Terms. If you don't wish to be bound by these Terms, you should not access this site. You must be 18 years of age to access this site.
1.3 We may make changes to these Terms at any time. We will let you know what these changes are by posting them to this page, but it is your responsibility as a user to make sure that you are aware of them, by checking for any changes on a regular basis. Changes will become effective as soon as they are posted. If you continue to use our site after the posting of changes to these Terms, it means that you accept any such changes.
2. Principle Purpose
2.1 This site provides regular articles, features and product information of a lifestyle interest. This site also contains links to other information providers and our advertising partners who have relevant products of interest. Information of a generic nature is available and does not imply otherwise to any individual or circumstance.
3. Administration
3.1 The information we provide does not address any individual requirements, interest or circumstance. In particular, our information does not constitute any form of advice, recommendation, representation, endorsement or arrangement by us and is not intended to a major deciding factor in making (or refraining from making) any specific business, consumer or other decisions of a financial or materialistic nature. Given that the impact of any information expressed on our site can vary widely based on your particular circumstances, you should always carry out your own research into the product that is of interest to you.
4. Privacy Policy
4.1 Please read our Privacy Policy to see how we manage your personal information.
5. Links
5.1 Our site does include details on, or links through to, information provided by other websites. We don't control the accuracy or completeness of that information. You take full responsibility for using that information and verifying it and for any decision to use, purchase or refrain from purchasing any of the services or products mentioned on a linked site. If you do purchase products or services from another website please read their contract carefully before deciding to buy. Remember, your contract for those products or services will be with them, not us.
5.2 When you use other websites, any personal information you give them will be dealt with in line with their privacy polices, not ours, so please read the privacy policies of each and every such website before using them!
5.3 Some of the links included on our site are affiliated links. These are links that take you directly or indirectly to a product or service provider and which may result in us receiving a fee or commission as a consequence of you clicking through to their site or purchasing a product or service from them.
5.4 Some links will take you to the sites of other information providers. Please read carefully their Terms of Use when accessing their site.
5.5 You are welcome to link to our site if you comply with the terms set out in this section and all applicable laws. Any site or service that links to our site:
5.5.1 can display a winningconkers.com logo but must not otherwise use any winningconkers.com trademarks without our written consent.
5.5.2 must not amend, distort or otherwise alter the size or appearance of our logo.
5.5.3 may link only to our homepage unless we have given you our prior written consent.
5.5.4 must not in any way imply that we are endorsing it or its products or services.
5.5.5 must not misrepresent its relationship with this site or present false information.
5.5.6 must not be a site or service that infringes any intellectual property or other right of any person or that otherwise does not comply with all relevant laws and regulations.
5.5.7 must not be a site or service that contains content that could be considered distasteful or offensive.
If you breach these terms, then we have the right to require that your link is removed and to take whatever other action we think appropriate.
6. Site content
6.1 All content on this site is owned by winningconkers.com, unless otherwise stated, and is protected by UK and international copyright laws.
6.2 The content on our site includes any information or other material found including articles, databases, graphics, software and all other features of our site. You are allowed to use our content for personal, non-commercial use only unless otherwise stated. You may make one copy of extracts from this site on any single computer for personal, individual use only, provided that all copyright and proprietary notices are kept intact. Apart from that, none of our content may be republished, posted, transmitted, stored, sold, distributed or modified without our prior written consent.
6.3 The trade name, winningconkers.com, is owned by us. All other brand names and trademarks that appear on this site are trademarks or trade names of their respective holders. No permission is given in respect of the use of any of these brands or marks and any such use may constitute an infringement of the holder's rights.
7. Your content
7.1 You own any copyright in the text that you post to our site, where applicable. However, when you post text, you expressly grant us a perpetual, unlimited free license to republish that text on our site and to redistribute/make available and/or sell that text in print or electronic form anywhere in the world as part of an edited compilation or otherwise.
8. Disclaimer of warranties and liability
8.1 We provide our site in good faith but we can't and don't warrant the completeness, truth or accuracy of the information or other content or postings found on our site, or their usefulness for any particular purpose. You acknowledge and agree that you bear full responsibility for your own research and decisions and that we shall not be liable for any action that you or others take or don't take based on your use of or reliance on information provided by us or other users of this site.
8.2 We don't promise that your access to our site, or its content will be delivered uninterrupted, timely or error-free, or that the site will be free from viruses or other harmful properties. It is your responsibility to implement satisfactory safeguards and procedures to make sure any files you obtain through our site are free from such contaminations or other harmful properties.
8.3 The effect of what is set out here is that you agree that under no circumstances will we be held liable for any direct, indirect, incidental or other type loss or injury resulting from your use, or downloading of any content on our site.
9. Communication with other users
9.1 We encourage debate and the sharing of information between our users. However, we do require that your use of our communication systems that we provide is lawful.
9.2 You may not use chat forums or any of our communication media for any illegal purpose and in particular you will not:
9.2.1 post or transmit material that infringes the intellectual property rights or other rights of others or post or transmit any material that is unlawful, obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other person as determined by us in our sole discretion;
9.2.2 post or transmit advertisements for or solicitations of business.
9.2.3 after receiving warning continue to disrupt the normal flow of dialogue, or post or transmit comments that are not related to the topic being discussed.
9.2.4 post or transmit chain letters or pyramid schemes.
9.2.5 impersonate another person.
9.2.6 disguise the IP address of the connection used to post any message.
9.2.7 post or transmit any files containing viruses or other harmful computer code.
9.2.8 harvest or otherwise collect or use information about others, including e-mail addresses, without their explicit consent.
9.2.9 allow any other person or entity to use your identification for posting or viewing comments or for communicating with other users.
9.2.10 post the same note more than once or “spam”; or
9.2.11 engage in any other conduct that restricts or inhibits any other person from using or enjoying these areas of our site, or which, in our judgment, exposes us to any liability or detriment of any type.
9.2.12 intentionally make false or misleading statements about products, services or investments, their price or their prospects. If you do, you may be committing a criminal offence.
9.2.13 post either intentionally or otherwise, any material that could have the effect of manipulating the market value of any investment. This may be a criminal offence.
9.2.14 give investment advice by way of business or make financial promotions.
9.3 Please note that any posting of information in these forums is the opinion of the person posting only and in no way reflects our opinions or attitudes. You should not therefore rely on information being accurate or complete. If you do, you do so at your own risk.
9.4 We do rely on you to inform us if you spot any abuse or inappropriate behaviour, in which case we will review specific postings. If you feel you have been threatened, damaged or abused via our communication systems that we operate or if you believe any infringement of your rights may have occurred through our site please contact us at admin@winningconkers.com
9.5 We reserve the right (but we are not obliged) to do any or all of the following:
9.5.1 record the communications in our communication systems.
9.5.2 investigate a claim that any one or more communication does not conform to the terms of this clause 9 and determine in our sole discretion to remove or request the removal of the communication(s).
9.5.3 remove without notice communications that are abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms.
9.5.4 terminate a user's access to post messages to any or all of these areas
9.5.5 monitor, edit, or disclose any communication in these areas.
9.5.6 edit or remove any communication(s) posted on our website, regardless of whether such communication(s) breaches these Terms.
9.6 If you disagree with a decision of a Forum Team member, you should email your appeal to admin@winningconkers.com. You must not use the chat forum to argue any decision of our Forum Team.
9.7 Any decision we make to remove or request the removal of any communication or to terminate or suspend the posting privileges of any user of the chat forms shall be final and binding. The termination or suspension of posting privileges shall apply to any and all user accounts that may have been used by that person, whether or not opened by that person.
9.8 If you are notified that your posting privileges have been suspended or terminated, you will not attempt to reregister as a user of the Chat Forum or make any posts on it in any guise whatsoever.
9.9 When former users whose posting privileges have been removed do reregister or otherwise disrupt the Chat Forum, this spoils the Chat Forum and can cause severe distress or disturbance to other users. Dealing with the unwanted posts of former users distracts us from the core purpose of the site and ties up management and technician time. Therefore in such circumstances we reserve the right to:
9.9.1 Report offenders to their ISP
9.9.2 Charge offenders for the administrative costs of identifying and removing their posts at the rate of £50 per hour necessarily spent plus any external costs that we incur.
9.9.3 Take legal action to recover these costs.
9.9.4 Report offenders to the authorities if their actions appear to amount to a breach of the Computer Misuse Act 1990 or any other relevant criminal legislation.
10. Indemnity
10.1 You agree to indemnify, defend and hold harmless us, our directors, officers, employees and licensors from and against any claim, liability, cost, damage or loss we may incur (including reasonable legal fees) as a result of any material that you post or transmit on our communication systems, any actions you take which disrupt access to and/or the functioning of our site or any breach by you of your obligations under these Terms.
11. General
11.1 If any of these provisions is deemed invalid, void or unenforceable that provision will be deemed detachable from the rest and will not affect the validity and enforceability of any remaining provisions.
11.2 This site is directed to users in the United Kingdom but is not restricted in way to users worldwide.
11.3 These Terms are governed by the laws of England and Wales and any dispute between us will be resolved exclusively in the Courts of England and Wales.
12. Changes and Updates
12.1 These Terms were published on 21 October 2007 and replace with immediate effect any previous Terms of Use.
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