Terms of Use
Date of Last Revision: July 2007
Welcome to Sell to a Million, the unique personal
business club that connects you with one million sales
opportunities. The service and network (collectively,
"Sell to a Million " or "the Service") are operated by
Twyford Developments Ltd (collectively, "us", "we" or
"the Company"). By accessing or using our web site at
www.selltoamillion.co.uk (the "Site") or by posting an
advert or enhanced listing on your site, you (the
"User") signify that you have read, understand and agree
to be bound by these Terms of Use ("Terms of Use" or
"Agreement"), whether or not you are a registered member
of selltoamillion. We reserve the right, at our sole
discretion, to change, modify, add, or delete portions
of these Terms of Use at any time without further
notice. If we do this, we will post the changes to these
Terms of Use on this page and will indicate the date
these terms were last revised. Your continued use of the
Service or the Site after any such changes constitutes
your acceptance of the new Terms of Use. If you do not
agree to abide by these or any future Terms of Use, do
not use or access (or continue to use or access) the
Service or the Site. It is your responsibility to
regularly check the Site to determine if there have been
changes to these Terms of Use and to review such
changes.
Eligibility
Membership in the Service is void where prohibited.
This Site is intended solely for users who are sixteen
(16) years of age or older, and users of the Site under
16 is unauthorised, unlicensed and in violation of these
Terms of Use. By using the Service or the Site, you
represent and warrant that you are 16 or older and that
you agree to and to abide by all of the terms and
conditions of this Agreement.
Registration Data; Account Security
In consideration of your use of the Site, you agree
to (a) provide accurate, current and complete
information about you as may be prompted by any
registration forms on the Site; (b) maintain the
security of your password and identification; (c)
maintain and promptly update your personal any other
information you provide to keep it accurate, current and
complete; and (d) be fully responsible for all use of
your account and for any actions that take place using
your account.
Proprietary Rights in Site Content; Limited License
All content on the Site and available through the
Service, including but not limited to designs, text,
graphics, pictures, video, information, applications,
software, music, sound and other files, and their
selection and arrangement (the "Site Content"), are the
proprietary property of the Company.No Site Content may
be modified, copied, distributed, framed, reproduced,
republished, downloaded, displayed, posted, transmitted,
or sold in any form or by any means, in whole or in
part, without the Company's prior written permission,
except that the foregoing does not apply to your own
User Content (as defined below) that you legally post on
the Site. Provided that you are eligible for use of the
Site, you are granted a limited license to access and
use the Site and the Site Content and to download or
print a copy of any portion of the Site Content to which
you have properly gained access solely for your personal
use, provided that you keep all copyright or other
proprietary notices intact. Except for your own User
Content, you may not upload or republish Site Content on
any Internet, Intranet or Extranet site or incorporate
the information in any other database or compilation,
and any other use of the Site Content is strictly
prohibited. Such license is subject to these Terms of
Use and does not include use of any data mining, robots
or similar data gathering or extraction methods. Any use
of the Site or the Site Content other than as
specifically authorised herein, without the prior
written permission of Company, is strictly prohibited
and will terminate the license granted herein. Such
unauthorised use may also violate applicable laws
including without limitation copyright and trademark
laws and applicable communications regulations and
statutes. Unless explicitly stated herein, nothing in
these Terms of Use shall be construed as conferring any
license to intellectual property rights, whether by
estoppel, implication or otherwise. This license is
revocable at any time without notice and with or without
cause.
User Conduct
You understand that except for advertising programs
offered by us on the Site, the Service and the Site are
available for your personal and business use only. You
represent, warrant and agree that no materials of any
kind submitted through your account or otherwise posted,
transmitted, or shared by you on or through the Service
will violate or infringe upon the rights of any third
party, including copyright, trademark, privacy,
publicity or other personal or proprietary rights; or
contain libelous, defamatory or otherwise unlawful
material.
In addition, you agree not to use the Service or the
Site to:
- harvest or collect email addresses or other
contact information of other users from the Service
or the Site by electronic or other means for the
purposes of sending unsolicited emails or other
unsolicited communications;
- use the Service or the Site in any unlawful
manner or in any other manner that could damage,
disable, overburden or impair the Site;
- use automated scripts to collect information
from or otherwise interact with the Service or the
Site;
- upload, post, transmit, share, store or
otherwise make available any content that we deem to
be harmful, threatening, unlawful, defamatory,
infringing, abusive, inflammatory, harassing,
vulgar, obscene, fraudulent, invasive of privacy or
publicity rights, hateful, or racially, ethnically
or otherwise objectionable;
- register for more than one User account,
register for a User account on behalf of an
individual other than yourself, or register for a
User account on behalf of any group or entity unless
you are authorised to do so by that company.
- impersonate any person or entity, or falsely
state or otherwise misrepresent yourself, your age
or your affiliation with any person or entity;
- upload, post, transmit, share or otherwise make
available any unsolicited or unauthorised
advertising, solicitations, promotional materials,
"junk mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation;
- upload, post, transmit, share, store or
otherwise make publicly available on the Site any
private information of any third party, including,
without limitation, addresses, phone numbers, email
addresses, Social Security numbers and credit card
numbers;
- solicit personal information from anyone under
18 or solicit passwords or personally identifying
information for commercial or unlawful purposes;
- upload, post, transmit, share or otherwise make
available any material that contains software
viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware
or telecommunications equipment;
- intimidate or harass another;
- upload, post, transmit, share, store or
otherwise make available content that would
constitute, encourage or provide instructions for a
criminal offense, violate the rights of any party,
or that would otherwise create liability or violate
any local, state, national or international law;
- use or attempt to use another's account, service
or system without authorisation from the Company, or
create a false identity on the Service or the Site.
- upload, post, transmit, share, store or
otherwise make available content that, in the sole
judgment of Company, is objectionable or which
restricts or inhibits any other person from using or
enjoying the Site, or which may expose Company or
its users to any harm or liability of any type.
User Content Posted on the Site
You are solely responsible for the photos, profiles,
messages, notes, text, information, music, video,
advertisements, listings, and other content that you
upload, publish or display (hereinafter, "post") on or
through the Service or the Site, or transmit to or share
with other users (collectively the "User Content"). You
may not post, transmit, or share User Content on the
Site or Service that you did not create or that you do
not have permission to post. You understand and agree
that the Company may, but is not obligated to, review
the Site and may delete or remove (without notice) any
Site Content or User Content in its sole discretion, for
any reason or no reason, including without limitation
User Content that in the sole judgment of the Company
violates this Agreement or which might be offensive,
illegal, or that might violate the rights, harm, or
threaten the safety of users or others. You are solely
responsible at your sole cost and expense for creating
backup copies and replacing any User Content you post or
store on the Site or provide to the Company.
When you post User Content to the Site, you authorise
and direct us to make such copies thereof as we deem
necessary in order to facilitate the posting and storage
of the User Content on the Site. By posting User Content
to any part of the Site, you automatically grant, and
you represent and warrant that you have the right to
grant, to the Company an irrevocable, perpetual,
non-exclusive, transferable, fully paid, worldwide
license (with the right to sublicense) to use, copy,
publicly perform, publicly display, reformat, translate,
excerpt (in whole or in part) and distribute such User
Content for any purpose on or in connection with the
Site or the promotion thereof, to prepare derivative
works of, or incorporate into other works, such User
Content, and to grant and authorise sublicenses of the
foregoing. You may remove your User Content from the
Site at any time. If you choose to remove your User
Content, the license granted above will automatically
expire, however you acknowledge that the Company may
retain archived copies of your User Content.
Third Party Websites and Content
The Site contains (or you may be sent through the
Site or the Service) links to other web sites ("Third
Party Sites") as well as articles, photographs, text,
graphics, pictures, designs, music, sound, video,
information, applications, software and other content or
items belonging to or originating from third parties
(the "Third Party Applications, Software or Content").
Such Third Party Sites and Third Party Applications,
Software or Content are not investigated, monitored or
checked for accuracy, appropriateness, or completeness
by us, and we are not responsible for any Third Party
Sites accessed through the Site or any Third Party
Applications, Software or Content posted on, available
through or installed from the Site, including without
limitation the content, accuracy, offensiveness,
opinions, reliability, privacy practices or other
policies of or contained in the Third Party Sites or the
Third Party Applications, Software or Content. Inclusion
of, linking to or permitting the use or installation of
any Third Party Site or any Third Party Applications,
Software or Content does not imply approval or
endorsement thereof by us. If you decide to leave the
Site and access the Third Party Sites or to use or
install any Third Party Applications, Software or
Content, you do so at your own risk and you should be
aware that our terms and policies no longer govern. You
should review the applicable terms and policies,
including privacy and data gathering practices, of any
site to which you navigate from the Site or relating to
any applications you use or install from the site.
Terms of Sale
By ordering products or services from Company
through the Site, you agree to be bound by and accept
the Terms of Sale. The Terms of Sale are subject to
change without prior notice at any time, in Company's
sole discretion so you should review the Terms of Sale
each time you make a purchase.
User Disputes
You are solely responsible for your interactions
with other Sell to a Million users. We reserve the
right, but have no obligation, to monitor disputes
between you and other users.
Disclaimers
The Company is not responsible or liable in any
manner for any User Content or Third Party Applications,
Software or Content posted on the Site or in connection
with the Service, whether posted or caused by users of
the Site, by Sell to a Million, by third parties or by
any of the equipment or programming associated with or
utilised in the Site or the Service. Although we provide
rules for user conduct and postings, we do not control
and are not responsible for what users post, transmit or
share on the Site and are not responsible for any
offensive, inappropriate, obscene, unlawful or otherwise
objectionable content you may encounter on the Site or
in connection with any User Content or Third Party
Applications, Software or Content. The Company is not
responsible for the conduct, whether online or offline,
of any user of the Site or Service.
The Site and the Service may be temporarily unavailable
from time to time for maintenance or other reasons.
Company assumes no responsibility for any error,
omission, interruption, deletion, defect, delay in
operation or transmission, communications line failure,
theft or destruction or unauthorised access to, or
alteration of, User communications. The Company is not
responsible for any technical malfunction or other
problems of any telephone network or service, computer
systems, servers or providers, computer or mobile phone
equipment, software, failure of email or players on
account of technical problems or traffic congestion on
the Internet or at any Site or combination thereof,
including injury or damage to User's or to any other
person's computer, mobile phone, or other hardware or
software, related to or resulting from using or
downloading materials in connection with the Web and/or
in connection with the Service, including without
limitation any Mobile Client software. Under no
circumstances will the Company be responsible for any
loss or damage, including any loss or damage to any User
Content or personal injury or death, resulting from
anyone's use of the Site or the Service, any User
Content or Third Party Applications, Software or Content
posted on or through the Site or the Service or
transmitted to Users, or any interactions between users
of the Site, whether online or offline.
The Company reserves the right to change any and all
content, software and other items used or contained in
the Site and any Services and Platform Applications
offered through the Site at any time without notice.
Reference to any products, services, processes or other
information, by trade name, trademark, manufacturer,
supplier or otherwise does not constitute or imply
endorsement, sponsorship or recommendation thereof, or
any affiliation therewith, by Company.
Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES
OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL
OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR
LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE
SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE
CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR
DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE
OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION,
WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY,
BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF
MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY
TO YOU EXCEED £100. YOU ACKNOWLEDGE THAT IF NO FEES ARE
PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO
INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY
LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND
FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
Termination
The Company may terminate your membership, delete your
profile and any content or information that you have
posted on the Site or through any Platform Application
and/or prohibit you from using or accessing the Service
or the Site or any Platform Application (or any portion,
aspect or feature of the Service or the Site or any
Platform Application) for any reason, or no reason, at
any time in its sole discretion, with or without notice,
including without limitation if it believes that you are
under 16.
Indemnity
You agree to indemnify and hold the Company, its
subsidiaries and affiliates, and each of their
directors, officers, agents, contractors, partners and
employees, harmless from and against any loss,
liability, claim, demand, damages, costs and expenses,
including reasonable attorney's fees, arising out of or
in connection with any User Content, any Third Party
Applications, Software or Content you post or share on
or through the Site (including without limitation
through the Share Service), your use of the Service or
the Site, your conduct in connection with the Service or
the Site or with other users of the Service or the Site,
or any violation of this Agreement or of any law or the
rights of any third party.
Submissions
You acknowledge and agree that any questions,
comments, suggestions, ideas, feedback or other
information about the Site or the Service
("Submissions"), provided by you to Company are
non-confidential and shall become the sole property of
Company. Company shall own exclusive rights, including
all intellectual property rights, and shall be entitled
to the unrestricted use and dissemination of these
Submissions for any purpose, commercial or otherwise,
without acknowledgment or compensation to you.
Other
These Terms of Use constitute the entire agreement
between you and Company regarding the use of the Site
and/or the Service, superseding any prior agreements
between you and Company relating to your use of the Site
or the Service. The failure of Company to exercise or
enforce any right or provision of these Terms of Use
shall not constitute a waiver of such right or provision
in that or any other instance. If any provision of this
Agreement is held invalid, the remainder of this
Agreement shall continue in full force and effect. If
any provision of these Terms of Use shall be deemed
unlawful, void or for any reason unenforceable, then
that provision shall be deemed severable from these
Terms of Use and shall not affect the validity and
enforceability of any remaining provisions.
Questions
Please contact us at
info@selltoamillion.co.uk
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