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on 09 March 2010
 
The Real Visitors Book Limited
Terms and Conditions
 
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE

By submitting a review for posting on the website you acknowledge, agree, undertake, represent and warrant to The Real Visitors Book Limited (“RVB”) as follows:
  1. that any material (including text, photographs, digital images and data in any form whatsoever) that you submit for posting on the RVB website (hereinafter defined as the “Material”) is not unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, obscene, pornographic, blasphemous, invasive of another's privacy, hateful, racist, objectionable or which depicts or describes any criminal act;

     
  2. that the Material does not and shall not infringe any patent, trade mark, trade secret, copyright, moral rights, rights of privacy or publicity or other proprietary rights of any party and has not been created within the scope of any employment or other contractual duties;

     
  3. that the Material does not contain viruses or other computer code designed to damage, interrupt the operation and functionality of computer software or hardware, including telecommunications equipment or which interferes with or disrupts the operation of the RVB website, or RVB’s servers or networks;

     
  4. that the Member will not use the website to harm other persons (including minors) or cause harm to be done to other persons, copy, distribute, alter or tamper with any Material in any way, conduct any financial or commercial transaction other than those with RVB, remove, alter or tamper with any copyright, trademark or any other intellectual property notices appearing on the RVB website;

     
  5. that you are not under the age of 14 years;

     
  6. that you are free to agree to be bound by these terms and conditions and to grant to RVB the rights granted in them and you are not under any disability restriction or prohibition which might prevent you from performing or observing any of your obligations under them;

     
  7. that you are the sole absolute unencumbered legal and beneficial owner of all rights granted to RVB and shall be the sole “author” of the Material as defined by the Copyright, Designs and Patents Act 1988;

     
  8. that you will not without the prior written consent of RVB incur any expenditure or costs on behalf of RVB;

     
  9. that you are and will remain a ‘qualifying person’ within the meaning of the Copyright Designs and Patents Act 1988 Section 154 and any equivalent legislation in all jurisdictions throughout the world;

     
  10. that you will at all times whilst bound by these terms and conditions use reasonable endeavours to keep RVB informed of your current address details, e-mail and telephone number;

     
  11. that you have read and fully understood all of the provisions of these terms and conditions;

     
  12. that you contract with RVB as a principal notwithstanding that you may be acting directly or indirectly for a third party as a manager, agent or in some other representative capacity and where you are a third party’s manager or agent or are acting in some other representative capacity for such third party you warrant that you are authorised by the third party to place the Material with RVB and you will indemnify RVB and keep RVB indemnified against any claim made by the third party against RVB arising from the publication and display thereof on the RVB website;

     
  13. that you will not seek to assign, novate or otherwise dispose of these terms and conditions or any part thereof without the previous consent in writing of RVB, such consent not to be unreasonably withheld;

     
  14. that any information supplied by you to RVB in connection with the Material is accurate, current, complete and true;

     
  15. that you agree to indemnify RVB and keep RVB at all times fully indemnified from and against all actions proceedings claims demands costs (including without prejudice to the generality of this provision legal costs of RVB on a solicitor and own client basis) awards and damages however arising directly or indirectly as a result of any breach or non-performance by you of any of your undertakings warranties or obligations under these terms and conditions;

     
  16. that these terms and conditions shall be governed by and construed in accordance with the law of England and the parties submit to the non-exclusive jurisdiction of the Courts of England in respect of any dispute in connection with the Contract;

     
  17. that you agree to grant RVB a worldwide, royalty free, non-exclusive licence to reproduce, modify, adapt and publish Material on the RVB website solely for the purpose for which the Material was uploaded onto the RVB website;

     
  18. that the licence referred to in clause 17 above shall continue to exist while the Material remains on the RVB website and shall be terminated when the Material is removed or deleted from the RVB website; and

     
  19. that the RVB website and associated software used in connection with it contains proprietory and confidential information that is protected by applicable intellectual property rights and you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the RVB website or the software used in connection with it.

     
By submitting a review for posting on the website you also accept and agree as follows:
  1. that whilst RVB warrants to you that the RVB website will be provided using reasonable care, RVB provides the RVB website on an “as is” basis and makes no representations or warranties of any kind, express or implied, with respect to the website or its quality, operation, contents, products or services;

     
  2. that RVB does not warrant that the RVB website will be timely, uninterrupted or error-free or free of bugs, viruses, errors or any other problems that could cause system failures, or that the contents of the RVB website will reach the intended recipient.

     
  3. that RVB is not liable to you if any hardware or software used in conjunction with the RVB website malfunctions, fails or is otherwise unable to communicate with other systems or internet users (including where computer viruses have caused such failures) such that the use of the RVB website is hindered or impeded;

     
  4. that RVB shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from any Material supplied by you which is incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of yours;

     
  5. that except in respect of death or personal injury caused by RVB’s negligence, or as expressly provided in these terms and conditions, RVB shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of these terms and conditions, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of RVB, its servants or agents or otherwise) which arise out of or in connection with the provision of the RVB website or its use by you, and in the event that any exclusion contained herein shall be held to be invalid for any reason, RVB’s aggregate liability to you for any occurrence or series of occurrences of loss, damage, costs, expenses or other claims whatsoever or howsoever caused arising directly or indirectly in connection with these terms and conditions shall be limited to the sum of the fees paid by you as at the relevant date (and for the avoidance of doubt where no fees have been paid then such sum shall be nil).

     
RVB may at its sole discretion:
  1. modify these terms and conditions at any time and the new terms will come into effect as soon as they appear on the RVB website and any subsequent use by you of the RVB website shall be subject to and governed by the new terms;

     
  2. establish limits on the RVB website, including but not limited to limiting the type of Material uploaded, the maximum number of times and duration that the RVB website may be accessed by you in a given period of time, and the maximum storage space and bandwidth made available to you;

     
  3. correct any typographical or other errors or omissions appearing on the RVB website without any liability to you;

     
  4. remove, or refuse to display, the Material on the RVB website if RVB believes that the Material is not of a sufficiently high quality or that to display the Material would be in bad taste or would offend moral decency or you are otherwise in breach of any warranty or representation given by you in these terms and conditions or RVB receives a complaint in respect of the Material and in such event RVB shall not be obliged to give you prior notice before removing or refusing to display the Material (nor shall RVB be obliged to investigate any complaint);

     
  5. sub-contract the provision of the RVB website to third parties who shall include but not be limited to data processors and web developers;

     
  6. change the format and content of the RVB website and may terminate and suspend the RVB website for support, maintenance or any other reason at any time and without giving notice to you;

     
  7. at any time and without notice to you, make any changes to the Material that are necessary in order to comply with any applicable statutory requirements; and

     
  8. with your consent, such consent not to be unreasonably withheld, assign the benefit and burden of its rights and obligations under these terms and conditions to any other entity.