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In the Terms of Use, the following terms have the following meanings:
1. Neveraway means www.neveraway.co.uk
3. "Registered User" means a user who registers with the websites.
4. "You" means either (i) a User of the websites (whether or not a Registered User) not being a Minor, or (ii) a parent, guardian or educational supervisor that has allowed a Minor to visit or use the Websites. In case (ii) You will be held legally responsible for the acts of the Minor.
5. "Minor" means any person under the age of 16, (Minors must seek the permission of their parent, guardian or educational supervisor to use the Website).
6. "Websites" means the neveraway website available at the URL www.neveraway.co.uk and all associated websites .

2. User Licence

1. You are licensed to access and use the websites solely for personal purposes in accordance with the terms set out in the Terms of Use.

2. Use for commercial purposes and any re-publication of the websites or content on the websites is strictly prohibited, and You agree that the consequences of commercial use or re-publication may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy.

3. Software may be made available in connection with the websites, which You may be permitted to access or download. You may only download, copy, reuse or distribute software provided by the Websites where it is clearly stated in connection with software that it is made available for offline use and a license for that use is provided in connection with that software.

3. Website content

1. It is the intention of Neveraway to make available in perpetuity through the websites or otherwise, and the Neveraway shall take reasonable measures to protect and preserve the content submitted by You.

2. All intellectual property rights in and relating to the websites and the content displayed on the websites (other than contributions of Users) are owned by Neveraway,

3. You warrant that You own all material You post to the website or elsewhere or have the right to post such material and the right to grant Neveraway the license set out in the Terms of Use. In particular, all personal information about others that You post must be done with the full consent of those others, or must otherwise be lawful.

4. You grant Neveraway a non-exclusive perpetual royalty-free license in their absolute discretion to host, distribute, edit or remove any part of the material posted to the website.

5. You are solely responsible for all content that You post to the website. You may not post, and Neveraway may in their absolute discretion remove, any content that they believe:

1. constitutes pornography or is otherwise obscene, indecent, sexually explicit, morally repugnant, or harmful to minors;

2. is defamatory of a real or legal person, or of goods or services;

3. violates a person‘s privacy or other rights relating to personal information;

4. depicts violence, incites violence, threatens violence, contains harassing content, hate speech, or incites racial or ethnic hatred;

5. is blasphemous or incites religious hatred;

6. impersonates or falsely attributes material to any person or entity;

7. discloses confidential or proprietary information of another person;

8. is discriminatory in any way, including by way of sex, race or age discrimination;

9. might infringe another person‘s copyright, trade or service mark, patent, or other intellectual property right;

10. creates a risk to safety or health, or compromises national security or official secrets;

11. the Foundation or the Trust deems to be, offensive, immoral or illegal;

12. is otherwise malicious, fraudulent, or may result in the reputation of the Websites, the Foundation or the Trust being damaged;

13. is otherwise illegal or solicits conduct that is illegal under laws applicable to You or to the Foundation or the Trust;

14. otherwise violates the Terms of Use.

6. You must not upload, post or otherwise transmit to the website any material that contains software viruses or any other computer code, files or programs that might interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or do any other act which causes or contributes to the same.

7. Upon submission of content to the website by You, the text may be automatically screened using dictionary software for detecting indecent or offensive words.

8. Any content submitted by You that is deemed to be in breach of the Terms of Use will result in the content being removed, even if You have paid to use the services provided through the Websites.

9. Activity that is brought to our attention, which appears in our sole judgment to violate the law, may be brought to the attention of the proper authorities.

4. Communications with Users
1. Neverawaymay send You communications, such as service announcements, administrative messages and a Newsletter. It is a condition of becoming and remaining a Registered User that You agree to receive these communications.
2. Neveraway may, through the Newsletter, provide marketing opportunities to its partners. The limitations on liability set out in the Terms of Use apply to the fullest extent in relation to all material contained in the Neveraway Newsletter. Neveraway make no representation or warranty express or implied concerning any goods or services offered or provided by any third party and You agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from Neveraway.

 

 

 5. No Warranty; Liability and Indemnity

    1.Neveraway provides all content in the Websites "As Is" and without any warranty of any nature whatsoever, nor (without prejudice to the comprehensive nature ofthe foregoing) do Neveraway make any representations concerning the suitability, reliability or accuracy for any purpose of the website or the contents of the website.
    2.Neveraway shall not be liable in contract, (including negligence), or otherwise, for direct, consequential, indirect, or punitive loss or damages, loss of business or business information, business interruption, loss of profits or anticipated savings,loss of contracts or loss of or damage to data, or for pure economic,loss            regardless of whether any such loss or damage would arise in the ordinary course of events or otherwise or is reasonably foreseeable or is otherwise in the contemplation of the parties. In addition, Neveraway cannot be held liablef or any content that is posted by Users to the Website. You acknowledge and agree that  it would not be possible for all such content to be perfectly screened, and You agree to take the risk that content may be posted which violates your rights or contains errors or inaccuracies, without any recourse against  Neveraway
    3.You will indemnify Neveraway fromand against any damage, whether direct, indirect or consequential, loss of data, restriction or loss of access or technical errors resulting from youractions (including resulting from the content posted by You or otherwise on the website).
    4. Any material obtained through theuse of the Website is obtained at your own risk, and You are solely responsible for any damage to or the destruction of your computer system or loss of data or any other damage whatsoever that results from the download of any such material in its original form or as a result of  any virus     infection.
     5. Nothing in the Terms of Use limits Neveraway liability for anything which may not be limited under the law applicable to the Terms of Use. Any statutory rights You may have under consumer protection legislation  remain unaffected.
     6. In some jurisdictions, limitation or exclusion of liability is only permitted where such limitation is fair and/or reasonable. Neveraway provide a comprehensive service at a minimal costand, having considered all matters, You agree that the limitations of liability set out in the Terms of Use are fair and reasonable.
    7. If You are dissatisfied with the website, or do not agree to any of the terms of the Terms of Use, your sole and exclusive remedy is to discontinue using the website.
    6. Minors
    1.The consent of a parent, guardianor educational supervisor shall be required before any Minor can use the Website. Use of any part of the websites is confirmation that the person is an adult or is a Minor who has received permission from a parent, guardian or educational supervisor to use the Websites.
    2.The consent of a parent, guardian or educational supervisor shall also be required before any Minor can become a Registered User.
    3. Neveraway cannot be held responsible formisuse of a Registered User‘s invitations; nor shall they be held liable in theevent that a Minor falsely claims to be 16 or over.
    7. Registration and Security
    1. As part of the registration process,You will select a password and choose a unique web address for your site.You must provide the Neveraway with accurate, complete, and updated personal registration information. You must not use a web address of Neveraway, in its sole discretion, deems offensive or otherwise     inappropriate.
    2. You shall notify Neveraway immediately of any known or suspected unauthorized use(s) of your website, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You will be responsible for maintaining the confidentiality of your password. You  acknowledge and agree that under no circumstances can Neveraway be held liable for any acts or omissions by a Registered or other User of the Websites.
8. Sites
   1.     Subject to the terms of the Termsof Use, the sites created by Registered Users via the Website are available to be viewed online at no charge. .
 9. Termination
   1.    Neveraway shall have the right toedit or delete your content and/or terminate the Terms of Use and/or your access to the Websites, at any time without notice in  their absolutediscretion. Without limitation to the generality of the foregoing, Neveraway shall have the right to edit or delete your content and/or terminate the     Termsof Use, and/or your access to the Website, at any time without notice in theevent that:
   1.     You breach any term of theTerms of Use;
   2. technical or other issues mean that it is no longer practicable for Neveraway continue to operate the website in whole or part.
   2. The Terms of Use shall automatically terminate in the event that You unsubscribe from the services provided via the Website or from the communications sent to you from Neveraway.
 10. General
   1.The parties agree to refer disputesof any sort whatsoever, arising out of or relating in any way to the subjectmatter of this agreement, to arbitration in the UK by a sole arbitrator agreedby the parties or in default of agreement, Nothing in this Clause shall prevent the Neveraway from seeking injunctive relief.
   2.  Correspondence must be sent by email to: Neveraway by email to mail@neveraway.co.uk
   3.  The Terms of Use, which incorporates our Privacy Policy, constitutes the whole of the legal contract between You, and Neveraway
   4.  Subject to mandatory national law to the contrary, the Terms of Use shall be governed by and construed in accordance with UK law.
   5.  The parties do not intend the Termsof Use to be enforceable pursuant to the Contracts (Rights of Third Parties)Act 1999.
   6.  In the event that any term of this agreement is held to be invalid or unenforceable by any arbitration, or other binding decision, the remainder of this agreement shall  remain valid and enforceable.
  7.  Neveraway reserves the right toassign this agreement, and to assign, license or subcontract any or all of ourrights and/or obligations under this agreement. You  may not without the written consent of Neveraway    assign, license or subcontract this agreement or any of your rights or obligations under it.
  8.  Neveraway reserve the right to update and change the Terms of Use from time to time without notice or acceptance by You. If any portion of this agreement or any change of this agreement of the website is unacceptable to You or will cause You to no longerbe in compliance with the agreement, You may discontinue use of the website atany time. Continued use of the Wwbsite now or following changes in this agreement implies that You have read, accepted and are bound by the changes.
  9.  Neveraway shall not file a specific copy of the Terms of Use with You.
10. The Terms of Use are only availablein English.
LastUpdated on August 28th 2007.

 
 

 
 
 
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