Terms of Use
1. Introduction
Thank you for accessing http://www.my50.com (the "Website").. Please read these Terms of use before using the Website, which is operated by The Realbuzz Group Ltd. (registered number 3942343), whose registered office is at 12 Nicholas Street, Chester, Cheshire, CH1 2NX, United Kingdom ("we", "us" or "our").
2. By using the Website, you signify your acceptance of these Terms of use in consideration of which we provide you with access. From time to time we may modify these Terms of use so please continue to review them whenever accessing or using the Website. If at any time you do not wish to accept the Terms of use, you may not use the Website. From time to time we may run competitions and promotions via the Website. Separate Terms of use will be posted where applicable governing such competitions and promotions.
3. While we have endeavoured to ensure the accuracy of information on the Website, we do not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Website. The Website "Content" including text, software, video, sound, graphics, photographs, illustrations, artwork, names, logos, trademarks, service marks and other material are provided "as is" without any warranties of any kind unless specifically stated. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.
4. We have no control over or responsibility for websites to which the Website is linked. Your use of such websites is at your sole risk.
5. We are the owner or the licensee of all intellectual property rights in the Website and its Content, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from the Website for your personal reference and you may draw the attention of others within your organisation to material posted on the Website. You acquire no rights or licences in or to the Website and / or the Content other than the limited right to use the Website in accordance with these Terms of use. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on the Website must always be acknowledged. You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of the Website in breach of these Terms of use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
5.1 Some images on this site have been kindly provided by stock.xchng and iStockphoto. The copyright of these images remain with their respective owners.
6. Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Website without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users who have registered with us (Members). We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of use.
7. By sharing any contribution (including any suggestions, text, photographs, graphics, video or audio -"User Generated Content") with the Website you agree to grant the Website, free of charge, permission to use the material in any way it wants (including modifying and adapting it). Copyright in your contribution will remain with you and this permission is not exclusive, so you can continue to use the material in any way including allowing others to use it. In order that the Website can use your contribution, you confirm that your contribution is your own original work, is not defamatory and is lawful in the country to which you are resident, that you have the right to give the Website permission to use it for the purposes specified above, and that you have the consent of anyone who is identifiable in your contribution or the consent of their parent / guardian if they are under 16.
8. By submitting User Generated Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with your User Generated Content. We reserve the right to display advertisements in connection with your User Generated Content and to use your User Generated Content for advertising and promotional purposes.
9. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
10. We reserve the right to terminate or restrict your access to the Website at any time without notice for any reason whatsoever. The Website shall be entitled to disclose your user identity and details if required or requested by the courts or other law enforcement authorities and/or agencies or in such other circumstances as specified in our Privacy policy. If you become a registered Member, you may terminate your membership at any time.
11. You acknowledge that access to the Website is provided free of charge. If you are dissatisfied with the Website, these Terms of use or any of the Content your sole remedy is to discontinue use of the Website. Save in respect of fraud and of personal injury or death to the extent it results from our negligence, we accept no liability to you whatsoever whether based on warranty, contract, tort or otherwise. Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so this limitation or exclusion may not apply to you.
12. The Website is not directed at any person in any jurisdiction where for any reason the publication or availability of the Website is prohibited. Those in respect of whom such prohibitions apply must not access the Website. We do not represent that either the Website or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Website do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.
13. You agree to indemnify, defend, and hold us harmless from and against any claims, actions, demands or other proceedings brought against us by a third party, to the extent that such claim, suit, action or other proceeding brought against us is based on or arises in connection with your use of the Website, any breach by you of these Terms of use or a claim that your use of the Website infringes any intellectual property rights of any third party or is libellous or defamatory, or otherwise results in injury or damage to any third party.
14. Neither The Realbuzz Group Ltd nor its associated companies can accept any responsibility for death or injuries caused by any information contained within the Website. All content within the Website is provided in good faith and is for general information only.
15. Any user of the Website acknowledges that the Website offers a facility for users to communicate. We do not accept responsibility for the behaviour of users or any material submitted or posted by them. The '50 Suggestions' featured on the Website are not endorsed by us and do not constitute advice. The '50 Suggestions' are posted for entertainment purposes only.
Except to the extent that any death or personal injury is caused as a direct result of our negligence, we will not accept any liability or responsibility for any death, injury, claims and expenses arising from any person attempting any of the 50 Suggestions featured, or any suggestions detailed on the Website posted by other users. You attempt any of the suggestions at your own risk.
Except to the extent that any death or personal injury is caused as a direct result of our negligence, we accept no liability or responsibility for any death, injury, claims and expenses arising from the use of goods and services offered by external companies or websites that are shown on the Website, including those that are detailed in the 'Useful information' boxes to be found on the Website.
16. Anyone registering on the Website must register using correct and accurate information including their name. Users of the Website must be aware that we have no control over material posted on the Website, therefore some of the material displayed within the Website may be suitable for adults only. If anything posted is found to be abusive it will be removed at our discretion. If you wish your User Generated Content to be removed from the Website you must inform us at the earliest opportunity and we will remove your User Generated Content from the Website. After we have removed your User Generated Content from the Website, you must not use the Website and these Terms between you and us will terminate.
17.1 Our liability for losses you suffer as a result of us breaking these Terms of use is strictly limited to any losses which are foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time you use the Website.
17.2 This does not include or limit in any way our liability:
17.2.1 for death or personal injury caused by our negligence;
17.2.2 under section 2(3) of the Consumer Protection Act 1987;
17.2.3 for fraud or fraudulent misrepresentation; or
17.2.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
17.3 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
17.3.1 loss of income or revenue;
17.3.2 loss of business;
17.3.3 loss of profits or contracts;
17.3.4 loss of anticipated savings;
17.3.5 loss of data; or
17.3.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; provided that this clause 17.3 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 17.1 or any other claims for direct financial loss that are not excluded by any of categories (1) to (6) inclusive of this clause 17.3.
18. By using the Website, users must not:
a) break any criminal, civil or copyright laws;
b) post threatening, discriminative, pornographic, offensive or obscene material;
c) post incorrect or misleading information;
d) post material or use the site for commercial or business use; or
e) use information found on the Website for commercial or business use including the sending of 'spam'.
We reserve the right to remove inappropriate material or information. We also reserve the right to terminate, without warning, records of users which we consider to be misusing the Website, or of those who are in breach of these Terms. Terminated users will be prevented from re-registering on the Website. All users are responsible for the security of their account and the material posted using it. Users should change their password regularly and keep their password secure. Although we strive to identify abuse at the earliest opportunity, the quantity of material and information posted on the Website means we are dependent on other users such as yourself reporting such abuse. Abuse can be reported by emailing us at mail@my50.com or by using the contact us form.
19.The Realbuzz Group Ltd or its associated companies is not liable for the contents of any external internet sites listed, nor does it endorse any commercial product or service mentioned or advised on any of the sites.
20. The Website's Terms of use are governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.