As a user of the
Services, you agree not
to:
-
Systematically
retrieve data or
other content from
the Services to
create or compile,
directly or
indirectly, a
collection,
compilation,
database, or
directory without
written permission
from us.
-
Trick,
defraud,
or
mislead
us and
other
users,
especially
in any
attempt
to learn
sensitive
account
information
such as
user
passwords.
-
Circumvent,
disable,
or
otherwise
interfere
with
security-related
features
of the
Services,
including
features
that
prevent
or
restrict
the use
or
copying
of any
Content
or
enforce
limitations
on the
use of
the
Services
and/or
the
Content
contained
therein.
-
Disparage,
tarnish,
or
otherwise
harm, in
our
opinion,
us
and/or
the
Services.
-
Use any
information
obtained
from the
Services
in order
to
harass,
abuse,
or harm
another
person.
-
Make
improper
use of
our
support
services
or
submit
false
reports
of abuse
or
misconduct.
-
Use the
Services
in a
manner
inconsistent
with any
applicable
laws or
regulations.
-
Engage
in
unauthorised
framing
of or
linking
to the
Services.
-
Upload
or
transmit
(or
attempt
to
upload
or to
transmit)
viruses,
Trojan
horses,
or other
material,
including
excessive
use of
capital
letters
and
spamming
(continuous
posting
of
repetitive
text),
that
interferes
with any
party’s
uninterrupted
use and
enjoyment
of the
Services
or
modifies,
impairs,
disrupts,
alters,
or
interferes
with the
use,
features,
functions,
operation,
or
maintenance
of the
Services.
-
Engage
in any
automated
use of
the
system,
such as
using
scripts
to send
comments
or
messages,
or using
any data
mining,
robots,
or
similar
data
gathering
and
extraction
tools.
-
Delete
the
copyright
or other
proprietary
rights
notice
from any
Content.
-
Attempt
to
impersonate
another
user or
person
or use
the
username
of
another
user.
-
Upload
or
transmit
(or
attempt
to
upload
or to
transmit)
any
material
that
acts as
a
passive
or
active
information
collection
or
transmission
mechanism,
including
without
limitation,
clear
graphics
interchange
formats
('gifs'), 1×1
pixels,
web
bugs,
cookies,
or other
similar
devices
(sometimes
referred
to as
'spyware'
or
'passive
collection
mechanisms'
or
'pcms').
-
Interfere
with,
disrupt,
or
create
an undue
burden
on the
Services
or the
networks
or
services
connected
to the
Services.
-
Harass,
annoy,
intimidate,
or
threaten
any of
our
employees
or
agents
engaged
in
providing
any
portion
of the
Services
to
you.
-
Attempt
to
bypass
any
measures
of the
Services
designed
to
prevent
or
restrict
access
to the
Services,
or any
portion
of the
Services.
-
Copy or
adapt
the
Services'
software,
including
but not
limited
to
Flash,
PHP,
HTML,
JavaScript,
or other
code.
-
Except
as
permitted
by
applicable
law,
decipher,
decompile,
disassemble,
or
reverse
engineer
any of
the
software
comprising
or in
any way
making
up a
part of
the
Services.
-
Except
as may
be the
result
of
standard
search
engine
or
Internet
browser
usage,
use,
launch,
develop,
or
distribute
any
automated
system,
including
without
limitation,
any
spider,
robot,
cheat
utility,
scraper,
or
offline
reader
that
accesses
the
Services,
or use
or
launch
any
unauthorised
script
or other
software.
-
Use a
buying
agent or
purchasing
agent to
make
purchases
on the
Services.
-
Make
any
unauthorised
use of
the
Services,
including
collecting
usernames
and/or
email
addresses
of users
by
electronic
or other
means
for the
purpose
of
sending
unsolicited
email,
or
creating
user
accounts
by
automated
means or
under
false
pretences.
-
Use the
Services
as part
of any
effort
to
compete
with us
or
otherwise
use the
Services
and/or
the
Content
for any
revenue-generating
endeavour
or
commercial
enterprise.
6. USER
GENERATED
CONTRIBUTIONS
The
Services
does
not
offer
users
to
submit
or
post
content.
You and Services agree that
we may access, store,
process, and use any
information and personal
data that you provide
and your choices (including
settings).
By submitting suggestions or
other feedback regarding the
Services, you agree that we can
use and share such feedback for
any purpose without compensation
to you.
8. GUIDELINES FOR REVIEWS
We may provide you areas on the
Services to leave reviews or
ratings. When posting a review,
you must comply with the
following criteria: (1) you
should have firsthand experience
with the person/entity being
reviewed; (2) your reviews
should not contain offensive
profanity, or abusive, racist,
offensive, or hateful language;
(3) your reviews should not
contain discriminatory
references based on religion,
race, gender, national origin,
age, marital status, sexual
orientation, or disability; (4)
your reviews should not contain
references to illegal activity;
(5) you should not be affiliated
with competitors if posting
negative reviews; (6) you should
not make any conclusions as to
the legality of conduct; (7) you
may not post any false or
misleading statements; and (8)
you may not
organise
a campaign encouraging others to
post reviews, whether positive
or negative.
We may accept, reject, or
remove reviews in our sole
discretion. We have
absolutely no obligation to
screen reviews or to delete
reviews, even if anyone
considers reviews
objectionable or inaccurate.
Reviews are not endorsed by
us, and do not necessarily
represent our opinions or
the views of any of our
affiliates or partners. We
do not assume liability for
any review or for any
claims, liabilities, or
losses resulting from any
review. By posting a review,
you hereby grant to us a
perpetual, non-exclusive,
worldwide, royalty-free,
fully paid, assignable, and
sublicensable right and
licence
to reproduce, modify,
translate, transmit by any
means, display, perform,
and/or distribute all
content relating to review.
9. SERVICES MANAGEMENT
We reserve the right, but not the
obligation, to: (1) monitor the Services
for violations of these Legal Terms; (2)
take appropriate legal action against
anyone who, in our sole discretion,
violates the law or these Legal Terms,
including without limitation, reporting
such user to law enforcement
authorities; (3) in our sole discretion
and without limitation, refuse, restrict
access to, limit the availability of, or
disable (to the extent technologically
feasible) any of your Contributions or
any portion thereof; (4) in our sole
discretion and without limitation,
notice, or liability, to remove from the
Services or otherwise disable all files
and content that are excessive in size
or are in any way burdensome to our
systems; and (5) otherwise manage the
Services in a manner designed to protect
our rights and property and to
facilitate the proper functioning of the
Services.
10. PRIVACY POLICY
We care about data privacy and
security. By using the Services, you
agree to be bound by our Privacy
Policy posted on the Services, which
is incorporated into these Legal
Terms. Please be advised the
Services are hosted in
the
United Kingdom
.
If you access the Services from any
other region of the world with laws
or other requirements governing
personal data collection, use, or
disclosure that differ from
applicable laws in
the
United Kingdom
,
then through your continued use of
the Services, you are transferring
your data to
the
United Kingdom
,
and you expressly consent to have
your data transferred to and
processed in
the
United Kingdom
.
11. TERM AND TERMINATION
These Legal Terms shall remain in
full force and effect while you use
the Services. WITHOUT LIMITING ANY
OTHER PROVISION OF THESE LEGAL
TERMS, WE RESERVE THE RIGHT TO, IN
OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO
AND USE OF THE SERVICES (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO
ANY PERSON FOR ANY REASON OR FOR NO
REASON, INCLUDING WITHOUT LIMITATION
FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN
THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION
IN THE SERVICES OR DELETE
ANY CONTENT OR INFORMATION THAT
YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your
account for any reason, you are
prohibited from registering and
creating a new account under your
name, a fake or borrowed name, or
the name of any third party, even if
you may be acting on behalf of the
third party. In addition to
terminating or suspending your
account, we reserve the right to
take appropriate legal action,
including without limitation
pursuing civil, criminal, and
injunctive redress.
12. MODIFICATIONS AND
INTERRUPTIONS
We reserve the right to change,
modify, or remove the contents of
the Services at any time or for any
reason at our sole discretion
without notice. However, we have no
obligation to update any information
on our Services.
We will not be liable to you or any
third party for any modification,
price change, suspension, or
discontinuance of the
Services.
We cannot guarantee the Services
will be available at all times. We
may experience hardware, software,
or other problems or need to perform
maintenance related to the Services,
resulting in interruptions, delays,
or errors. We reserve the right to
change, revise, update, suspend,
discontinue, or otherwise modify the
Services at any time or for any
reason without notice to you. You
agree that we have no liability
whatsoever for any loss, damage, or
inconvenience caused by your
inability to access or use the
Services during any downtime or
discontinuance of the Services.
Nothing in these Legal Terms will be
construed to obligate us to maintain
and support the Services or to
supply any corrections, updates, or
releases in connection
therewith.
13. GOVERNING LAW
These Legal Terms are governed by
and interpreted following the laws
of
England and Wales
, and the use of the United Nations
Convention of Contracts for the
International Sales of Goods is
expressly excluded. If your habitual
residence is in the EU, and you are a
consumer, you additionally possess the
protection provided to you by obligatory
provisions of the law in your country to
residence.
Paragonapinnacle
and yourself both agree to submit to the
non-exclusive jurisdiction of the courts
of
Law of England and Wales, which means that you may make a claim
to defend your consumer protection
rights in regards to these Legal Terms
in
Wales
, or in
the EU country in which you reside.
14. DISPUTE RESOLUTION
Binding Arbitration
Any dispute arising from the
relationships between the Parties to
these Legal Terms shall be determined by
one arbitrator who will be chosen in
accordance with the Arbitration and
Internal Rules of the European Court of
Arbitration being part of the European
Centre of Arbitration having its seat in
Strasbourg, and which are in force at
the time the application for arbitration
is filed, and of which adoption of this
clause constitutes acceptance. The seat
of arbitration shall be
London,
Wales
. The language of the proceedings shall
be English.
Applicable rules of substantive law
shall be the law of
Wales
.
Restrictions
The Parties agree that any arbitration
shall be limited to the Dispute between
the Parties individually. To the full
extent permitted by law, (a) no
arbitration shall be joined with any
other proceeding; (b) there is no right
or authority for any Dispute to be
arbitrated on a class-action basis or to
utilise
class action procedures; and (c) there
is no right or authority for any Dispute
to be brought in a purported
representative capacity on behalf of the
general public or any other persons.
Exceptions to Arbitration
The
Parties agree that the following
Disputes are not subject to the above
provisions concerning binding
arbitration: (a) any Disputes seeking to
enforce or protect, or concerning the
validity of, any of the intellectual
property rights of a Party; (b) any
Dispute related to, or arising from,
allegations of theft, piracy, invasion
of privacy, or
unauthorised
use; and (c) any claim for injunctive
relief. If this provision is found to be
illegal or unenforceable, then neither
Party will elect to arbitrate any
Dispute falling within that portion of
this provision found to be illegal or
unenforceable and such Dispute shall be
decided by a court of competent
jurisdiction within the courts listed
for jurisdiction above, and the Parties
agree to submit to the personal
jurisdiction of that court.
15. CORRECTIONS
There may be information on the Services
that contains typographical errors,
inaccuracies, or omissions, including
descriptions, pricing, availability, and
various other information. We reserve
the right to correct any errors,
inaccuracies, or omissions and to change
or update the information on the
Services at any time, without prior
notice.
16.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN
AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SERVICES
WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE
SERVICES AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO
WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE
SERVICES' CONTENT OR THE CONTENT OF
ANY WEBSITES OR MOBILE APPLICATIONS
LINKED TO THE SERVICES AND WE WILL
ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT
AND MATERIALS, (2) PERSONAL INJURY
OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF THE SERVICES,
(3) ANY
UNAUTHORISED
ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE
SERVICES, (5) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE WHICH MAY
BE TRANSMITTED TO OR THROUGH THE
SERVICES BY ANY THIRD PARTY, AND/OR
(6) ANY ERRORS OR OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY
LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF THE USE OF ANY
CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE
SERVICES. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SERVICES,
ANY HYPERLINKED WEBSITE, OR ANY
WEBSITE OR MOBILE APPLICATION
FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST
JUDGEMENT
AND EXERCISE CAUTION WHERE
APPROPRIATE.
17. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR
DIRECTORS, EMPLOYEES, OR AGENTS
BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT,
LOST REVENUE, LOSS OF DATA, OR
OTHER DAMAGES ARISING FROM YOUR
USE OF THE SERVICES, EVEN IF WE
HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH
DAMAGES.
18. INDEMNIFICATION
You agree to defend, indemnify, and
hold us harmless, including our
subsidiaries, affiliates, and all of
our respective officers, agents,
partners, and employees, from and
against any loss, damage, liability,
claim, or demand, including
reasonable attorneys’ fees and
expenses, made by any third party
due to or arising out of:
(1) use of the Services; (2) breach of these Legal Terms;
(3) any breach of your
representations and warranties
set forth in these Legal Terms;
(4) your violation of the rights
of a third party, including but
not limited to intellectual
property rights; or (5) any overt harmful act toward
any other user of the Services
with whom you connected via the
Services. Notwithstanding the
foregoing, we reserve the right,
at your expense, to assume the
exclusive
defence
and control of any matter for
which you are required to
indemnify us, and you agree to
cooperate, at your expense, with
our
defence
of such claims. We will use
reasonable efforts to notify you
of any such claim, action, or
proceeding which is subject to
this indemnification upon
becoming aware of it.
19. USER DATA
We will maintain certain data that
you transmit to the Services for the
purpose of managing the performance
of the Services, as well as data
relating to your use of the
Services. Although we perform
regular routine backups of data, you
are solely responsible for all data
that you transmit or that relates to
any activity you have undertaken
using the Services. You agree that
we shall have no liability to you
for any loss or corruption of any
such data, and you hereby waive any
right of action against us arising
from any such loss or corruption of
such data.
20. ELECTRONIC COMMUNICATIONS,
TRANSACTIONS, AND
SIGNATURES
Visiting the Services, sending us
emails, and completing online forms
constitute electronic
communications. You consent to
receive electronic communications,
and you agree that all agreements,
notices, disclosures, and other
communications we provide to you
electronically, via email and on the
Services, satisfy any legal
requirement that such communication
be in writing. YOU HEREBY AGREE TO
THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY
OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED
BY US OR VIA THE SERVICES. You
hereby waive any rights or
requirements under any statutes,
regulations, rules, ordinances, or
other laws in any jurisdiction which
require an original signature or
delivery or retention of
non-electronic records, or to
payments or the granting of credits
by any means other than electronic
means.
21. SMS TEXT MESSAGING
Opting Out
If at any time you wish to stop
receiving SMS messages from us,
simply reply to the text with
"STOP.” You may receive an SMS
message confirming your opt
out.
Message and Data Rates
Please be aware that message and
data rates may apply to any SMS
messages sent or received. The rates
are determined by your carrier and
the specifics of your mobile
plan.
Support
If you have any questions or need
assistance regarding our SMS
communications, please email us at
duncan@paragonapinnacle.com
.
22. MISCELLANEOUS
These Legal Terms and any policies
or operating rules posted by us on
the Services or in respect to the
Services constitute the entire
agreement and understanding between
you and us. Our failure to exercise
or enforce any right or provision of
these Legal Terms shall not operate
as a waiver of such right or
provision. These Legal Terms operate
to the fullest extent permissible by
law. We may assign any or all of our
rights and obligations to others at
any time. We shall not be
responsible or liable for any loss,
damage, delay, or failure to act
caused by any cause beyond our
reasonable control. If any provision
or part of a provision of these
Legal Terms is determined to be
unlawful, void, or unenforceable,
that provision or part of the
provision is deemed severable from
these Legal Terms and does not
affect the validity and
enforceability of any remaining
provisions. There is no joint
venture, partnership, employment or
agency relationship created between
you and us as a result of these
Legal Terms or use of the Services.
You agree that these Legal Terms
will not be construed against us by
virtue of having drafted them. You
hereby waive any and all
defences
you may have based on the electronic
form of these Legal Terms and the
lack of signing by the parties
hereto to execute these Legal Terms.
23. CONTACT US
In order to resolve a complaint
regarding the Services or to receive
further information regarding use of
the Services, please contact us
at:
Paragonapinnacle
30 Gresham
Street
Gresham Street
,
London
EC2V7QP
United
Kingdom
duncan@paragonapinnacle.com