Indigo DQM UK provides its service to you, subject
to the following Terms of Service ("TOS"),
which may be updated from time to time without notice
to you. In addition, you shall be subject to any guidelines
and rules applicable to such services which may be
posted by us from time to time. All such guides and
rules are hereby incorporated by reference into the
TOS. In most cases the guides and rules are specific
to a particular part of the Service and will assist
you in applying the TOS to that part, but to the extent
of any inconsistency between the TOS and any guide
or rule, the TOS will prevail. We may also offer services
from time to time that are governed by other terms
of service. In such cases the other terms of service
will be posted on the relevant service to which they
apply.
2. DESCRIPTION OF SERVICE
Indigo DQM currently provides users with access to
a rich collection of on-line resources, including,
shopping services, personalised content (the "Service").
Unless explicitly stated otherwise, any new features
that augment or enhance the current Service, including
the release of new properties, shall be subject to
the TOS. You acknowledge and agree that the Service
is provided "AS IS" and that we assume
no responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or personalisation
settings.
In order to use the Service, you must obtain access
to the Internet, either directly or through devices
that access web-based content, and pay any service
and/or telephony fees associated with such access.
In addition, you must provide all equipment necessary
to make such connection to the World Wide Web, including
a computer and modem or other access device.
3. YOUR REGISTRATION OBLIGATIONS AND SUPERVISING
CHILDREN
In consideration of your use of the Service, you
agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by
the Service's registration form (such information
being the "Registration Data") and (b) maintain
and promptly update the Registration Data to keep
it true, accurate, current and complete. If you provide
any information that is untrue, inaccurate, not current
or incomplete, or we have reasonable grounds to suspect
that such information is untrue, inaccurate, not current
or incomplete, we have the right to suspend or terminate
your account and refuse any and all current or future
use of the Service (or any portion thereof).
Indigo DQM is concerned about the safety and privacy
of all its users, particularly children. For this
reason, parents who wish to allow their children access
to the Service should assist them in setting up any
relevant accounts and supervise their access to the
Service.
4. PRIVACY POLICY
Registration Data and certain other information about
you is subject to our Privacy Policy.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation
upon completing the Service's registration process.
You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible
for all activities that occur under your password
or account. You agree to (a) immediately notify us
of any unauthorised use of your password or account
and any other breach of security, and (b) ensure that
you exit from your account at the end of each session.
We cannot and will not be liable for any loss or damage
arising from your failure to comply with this Section
5.
6. MEMBER CONDUCT
You acknowledge that all information, data, text,
software, music, sound, photographs, graphics, video,
messages and other materials ("Content"),
whether publicly posted or privately transmitted,
are the sole responsibility of the person from which
such Content originated. This means that you, and
not Indigo DQM are entirely responsible for all Content
that you upload, post, email or otherwise transmit
via the Service. We do not control the Content posted
via the Service and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You
acknowledge that by using the Service, you may be
exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will we be liable
in any way for any Content, including, but not limited
to, for any errors or omissions in any Content, or
for any loss or damage of any kind incurred as a result
of the use of any Content posted, emailed or otherwise
transmitted via the Service.
You agree to not use the Service to:
- upload, post, email or otherwise transmit any
Content that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar,
obscene, libellous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, forum leader,
guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content transmitted
through the Service;
- upload, post, email or otherwise transmit any
Content that you do not have a right to transmit
under any law or under contractual or fiduciary
relationships (such as inside information, proprietary
and confidential information learned or disclosed
as part of employment relationships or under nondisclosure
agreements);
- upload, post, email or otherwise transmit any
Content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights ("Rights")
of any party;
- upload, post, email or otherwise transmit any
unsolicited or unauthorised advertising, promotional
materials, "junk mail," "spam,"
"chain letters," "pyramid schemes,"
or any other form of solicitation, except in those
areas (such as shopping rooms) that are designated
for such purpose;
- upload, post, email or otherwise transmit any
material that contains software viruses or any other
computer code, files or programs designed to interrupt,
damage, destroy or limit the functionality of any
computer software or hardware or telecommunications
equipment;
- disrupt the normal flow of dialogue, cause a screen
to "scroll" faster than other users of
the Service are able to type, or otherwise act in
a manner that negatively affects other users' ability
to engage in real time exchanges;
- interfere with or disrupt the Service or servers
or networks connected to the Service, or disobey
any requirements, procedures, policies or regulations
of networks connected to the Service;
- intentionally or unintentionally violate any applicable
law or regulation including, but not limited to,
regulations promulgated by any securities exchange;
- "stalk" or otherwise harass another;
or
- collect or store personal data about other users.
You acknowledge that Indigo DQM does not pre-screen
Content, but that Indigo DQM and its designees shall
have the right (but not the obligation) in their sole
discretion to refuse or move any Content that is available
via the Service. Without limiting the foregoing, Indigo
DQM and its designees shall have the right to remove
any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and
bear all risks associated with, the use of any Content,
including any reliance on the accuracy, completeness,
or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created
by us or submitted to us.
You acknowledge and agree that Indigo DQM may preserve
Content and may also disclose Content: (a) to its
affiliated companies worldwide for the purpose of
providing the Content to you in an efficient manner,
(b) for the purpose of properly administering your
account in accordance with the standard operating
procedures of Indigo DQM or its affiliated companies,
and/or (c) if required to do so by law or in the good
faith belief that any such preservation or disclosure
is reasonably necessary to: (d) comply with legal
process; (e) enforce the TOS; (f) respond to claims
that any Content violates the rights of third-parties;
or (g) protect the rights, property, or personal safety
of Indigo DQM, its users and the public.
You acknowledge that the technical processing and transmission
of the Service, including your Content, may involve
transmissions over various networks and changes to conform
and adapt to technical requirements of connecting networks
or devices. We reserves the right to terminate your
access to some or all parts of its Service if you withdraw
your consent in this paragraph at any time.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognising the global nature of the Internet, you
agree to comply with all local rules regarding online
conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding
the transmission of technical data exported from the
United Kingdom, the United States and the country
in which you reside (if different from the aforementioned).
8. PUBLIC CONTENT POSTED TO Indigo DQM
(a) For purposes of the TOS, "publicly accessible
areas" of the Service are those accessible by
the general public.
(b) With respect to Content you elect to post for
inclusion in publicly accessible areas of Indigo DQM
or that consists of photos or other graphics you elect
to post to any other publicly accessible area of the
Service, you grant Indigo DQM, royalty free and non-exclusive
licence to reproduce, modify, adapt and publish such
Content on the Service solely for the purpose of displaying,
distributing and promoting the specific service to
which such Content was submitted, or, in the case
of photos or graphics, solely for the purpose for
which such photo or graphic was submitted to the Service.
This licence exists only for as long as you elect
to continue to include such Content on the Service
and shall be terminated at the time you delete such
Content from the Service.
(c) With respect to all other Content you elect to
post to other publicly accessible areas of the Service,
you grant Indigo DQM the royalty-free, perpetual,
irrevocable, non-exclusive and fully sub-licensable
right and licence to use, reproduce, modify, adapt,
publish, translate, create derivative works from,
distribute, perform and display such Content (in whole
or part) worldwide and/or to incorporate it in other
works in any form, media, or technology now known
or later developed.
9. INDEMNITY
You agree to indemnify and hold Indigo DQM and its
subsidiaries, affiliates, officers, agents, co-branders
and other partners, and employees, harmless from any
claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of Content
you submit, post to or transmit through the Service,
your use of the Service, your connection to the Service,
your violation of the TOS, or your violation of any
rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell,
resell or exploit for any commercial purposes, any
portion of the Service, use of the Service, or access
to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Indigo DQM may establish general
practices and limits concerning use of the Service,
including without limitation the maximum number of
days that email messages, message board postings or
other uploaded Content will be retained by the Service,
the maximum number of email messages that may be sent
from or received by an account on the Service, the
maximum size of any email message that may be sent
from or received by an account on the Service, the
maximum disk space that will be allotted on Indigo
DQM servers on your behalf, and the maximum number
of times (and the maximum duration for which) you
may access the Service in a given period of time.
You agree that Indigo DQM has no responsibility or
liability for the deletion or failure to store any
messages and other communications or other Content
maintained or transmitted by the Service. You acknowledge
that we reserves the right to log off accounts that
are inactive for an extended period of time. You further
acknowledge that we reserves the right to change these
general practices and limits at any time, in its sole
discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
We reserve the right at any time and from time to
time to modify or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without
notice. You agree that Indigo DQM shall not be liable
to you or to any third party for any modification,
suspension or discontinuance of the Service.
13. TERMINATION
You agree that we may terminate your password, account
(or any part thereof) or use of the Service, and remove
and discard any Content within the Service, for any
reason, including, without limitation, for lack of
use or if you have violated or acted inconsistently
with the letter or spirit of the TOS. We may also
at any time discontinue providing the Service, or
any part thereof, with or without notice. You agree
that any termination of your access to the Service
under any provision of this TOS may be effected without
prior notice, and acknowledge and agree that we may
immediately deactivate or delete your account and
all related information and files in your account
and/or bar any further access to such files or the
Service. Further, you agree that we shall not be liable
to you or any third-party for any termination of your
access to the Service.
14. DEALINGS WITH ADVERTISERS AND MERCHANTS
Your correspondence or business dealings with, or participation
in promotions of, advertisers and merchants found on
or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings,
are solely between you and such advertiser or merchant.
To the fullest extent permitted by applicable law, you
agree that: (a) Indigo DQM shall not be responsible
or liable for any loss or damage of any kind incurred
as the result of any such dealings or as the result
of the presence of such advertisers and merchants on
the Service, and (b) any orders placed by you on, and
any product specifications and product availability
appearing on, the Service are subject to confirmation
by, and the terms and conditions of business of, the
relevant Merchant.
15. LINKS
The Service may provide, or third parties may provide,
links to other World Wide Web sites or resources.
Because we have no control over such sites and resources,
you acknowledge and agree that Indigo DQM is not responsible
for the availability of such external sites or resources,
and does not endorse and is not responsible or liable
for any Content, advertising, products, or other materials
on or available from such sites or resources. You
further acknowledge and agree that we shall not be
responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any
such Content, goods or services available on or through
any such site or resource.
16. Indigo DQM PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any
necessary software used in connection with the Service
("Software") contain proprietary and confidential
information that is protected by applicable intellectual
property and other laws. You further acknowledge and
agree that Content contained in sponsor advertisements
or information presented to you through the Service
or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights
and laws. Except as expressly authorised by Indigo
DQM or advertisers, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative
works based on the Service or the Software, in whole
or in part.
Indigo DQM grants you a personal, non-transferable
and non-exclusive right and licence to use the object
code of its Software on a single computer; provided
that you do not (and do not allow any third party
to) copy, modify, create a derivative work of, reverse
engineer, reverse assemble or otherwise attempt to
discover any source code, sell, assign, sublicence,
grant a security interest in or otherwise transfer
any right in the Software. The foregoing is subject
to applicable statute and other express law. You agree
not to modify the Software in any manner or form,
or to use modified versions of the Software, including
(without limitation) for the purpose of obtaining
unauthorised access to the Service.
17. DISCLAIMERS
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, Indigo DQM EXPRESSLY
DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE,
AND ANY TERM AS TO THE PROVISION OF SERVICES TO
A STANDARD OF REASONABLE CARE AND SKILL OR AS TO
NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
- WE MAKE NO WARRANTY OR REPRESENTATION THAT (i)
THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM Indigo DQM OR THROUGH OR FROM
THE SERVICE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION
NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT Indigo DQM
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE
THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v)
ANY OTHER MATTER RELATING TO THE SERVICE.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO
THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING
OUT OF OR RELATED TO USE OF THE SERVICE OF THESE TOS
MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM
OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS
17 AND 18 MAY NOT APPLY TO YOU.
20. NOTICE
Notices to you may be made via either email or regular
mail. The Service may also provide notices of changes
to the TOS or other matters by displaying notices
or links to notices to you generally on the Service.
21. COPYRIGHTS and COPYRIGHT AGENTS
- an electronic or physical signature of the person
authorised to act on behalf of the owner of the
copyright interest;
- a description of the copyrighted work that you
claim has been infringed;
- a description of where the material that you claim
is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith
belief that the disputed use is not authorised by
the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury,
that the above information in your Notice is accurate
and that you are the copyright owner or authorised
to act on the copyright owner's behalf.
22. GENERAL INFORMATION
These TOS (including the guides and rules referred
to herein) constitute the entire agreement between
you and Indigo DQM and govern your use of the Service,
superseding any prior agreements between you and us.
You also may be subject to additional terms and conditions
that may apply when you use affiliate services, third-party
content or third-party software. The TOS and the relationship
between you and Indigo DQM shall be governed by the
laws of England. You and Indigo DQM agree to submit
to the exclusive jurisdiction of the English courts.
Any failure by us to exercise or enforce any right
or provision of the TOS shall not constitute a waiver
of such right or provision. If any provision of the
TOS is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that
the court should endeavour to give effect to the parties'
intentions as reflected in the provision, and the
other provisions of the TOS remain in full force and
effect.
The section titles in the TOS are for convenience
only and have no legal or contractual effect.
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