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UTICOPA SERVICE AND USE AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE.
By using this site, you sign up to the terms and conditions contained in this Agreement. The Terms of this Agreement are subject to the prevailing laws of the United Kingdom and in the event of any disputes the matter will be decided in the legal jurisdiction of the United Kingdom courts only. If you do not agree to all of the terms and conditions contained herein, please do not use this site.
1. Definitions.
This Agreement is subject to the understanding that “Uticopa Ltd” will now be referred to as Uticopa.com. The user is any individual, company, organisation or government body, who accesses and stores information or interacts through Uticopa Website will be identified as “The Client”. “Uticopa.com” is an interactive on-line service operated by Uticopa Ltd. "The Client" means each person who accesses Uticopa.com for access to and use of Uticopa.com information or establishes a connection ("Account") for use of its services.
2. General.
(A) Uticopa.com is not intended to be a substitute for professional advice, diagnosis, or treatment. Always seek the advice of your GP or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on Uticopa.com.
(B) Uticopa.com does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on Uticopa.com. Reliance on any information provided by Uticopa.com, Uticopa.com employees, others appearing on Uticopa.com at the invitation of Uticopa.com, or other visitors to Uticopa.com is solely at your own risk.
(C) This Agreement, which incorporates by reference other provisions applicable to The Client's use of Uticopa.com, sets forth the terms and conditions that apply to The Client's use of Uticopa.com. By using Uticopa.com, The Client agrees to comply with all of the terms and conditions hereof. The right to use Uticopa.com is personal to The Client and is not transferable to any person or entity. The Client is responsible for use of The Client's Account and for ensuring that all use of The Client's Account complies fully with the provisions of this Agreement. The Client shall be responsible for protecting the confidentiality of The Client's password(s).
(D) Uticopa.com shall have the right at any time to change or discontinue any aspect or feature of Uticopa.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms.
Uticopa.com shall have the right at any time to change or modify the terms and conditions applicable to The Client's use of Uticopa.com, or any part thereof, or to impose new conditions, including, but not limited to, adding or increasing fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice, which may be given by any means including, but not limited to, posting on Uticopa.com, or by electronic or conventional mail, or by any other means by which The Client obtains notice thereof. Any use of Uticopa.com by The Client after such notice shall be deemed to constitute acceptance by The Client of such changes, modifications or additions.
4. Equipment. The Client shall be solely responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of Uticopa.com and all charges related thereto.
5. The Client Conduct.
(A) The Client shall use Uticopa.com for lawful purposes only. The Client shall not post or transmit through Uticopa.com any material which violates or infringes in anyway upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services. Any conduct by a The Client that in the sole discretion of Uticopa.com restricts or inhibits any other The Client from using or enjoying Uticopa.com will not be permitted. The Client shall not use Uticopa.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become The Clients of other on-line information services competing with Uticopa.com.
(B) Uticopa.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, and sound. The entire contents of Uticopa.com are copyrighted as a collective work under United Kingdom copyright laws. Uticopa.com owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. The Client may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. The Client may not download copyrighted material for The Client's personal use except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Uticopa.com and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The Client acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) The Client shall not upload, post or otherwise make available on Uticopa.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with The Client. The Client shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Uticopa.com, The Client automatically grants, or warrants that the owner of such material has expressly granted Uticopa.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. The Client also permits any other The Client to access, view, store or reproduce the material for that The Client's personal use. The Client hereby grants Uticopa.com the right to edit, copy, publish and distribute any material made available on Uticopa.com by The Client.
(D) The foregoing provisions of Section 5 are for the benefit of Uticopa.com, its subsidiaries, affiliates and its third party content providers and licensers and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) The Client expressly agrees that use of uticopa.com is at The Client's sole risk. Neither Uticopa.com, its affiliates nor any of their respective officers, directors, employees, agents, third party content providers or licensers warrant that uticopa.com will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of Uticopa.com, or as to the accuracy, reliability or content of any information, service, or merchandise provided through uticopa.com.
(B) Uticopa.com is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchant ability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
(C) This disclaimer of liability applies to any damages or injury caused by any failure of performance, negligence, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action. The Client specifically acknowledges that uticopa.com is not liable for the defamatory, offensive or illegal conduct of other The Clients or third-parties and that the risk of injury from the foregoing rests entirely with The Client.
(D)In no event will Uticopa.com, or any person or entity involved in creating, producing or distributing uticopa.com or the uticopa.com software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use uticopa.com. The Client hereby acknowledges that the provisions of this section shall apply to all content on uticopa.com.
(E) In addition to the foregoing, neither uticopa.com, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within uticopa.com, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby.
None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither, uticopa.com, nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
7. Monitoring.
Uticopa.com shall have the right, but not the obligation, to monitor the content of Uticopa.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Uticopa.com and to satisfy any law, regulation or authorised government request. Uticopa.com shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Uticopa.com. Without limiting the foregoing, Uticopa.com shall have the right to remove any material that Uticopa.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
8. Indemnification.
The Client agrees to defend, indemnify and hold harmless Uticopa.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including legal fees, arising out of the use of Uticopa.com by The Client or The Client's Account.
9. Termination.
Either Uticopa.com or The Client may terminate this Agreement at any time. Without limiting the foregoing, Uticopa.com shall have the right to immediately terminate The Client's Account in the event of any conduct by The Client which Uticopa.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by The Client of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement. In the event that Uticopa.com terminates the services provided to The Client, due to The Client conduct that Uticopa deems unacceptable or in the event of any breach of The Client Agreement, Uticopa.com will not be liable to return (refund) any payments made by The Client to Uticopa.com
10. Trademarks.
Uticopa.com and each of it’s logos are trademarks of Uticopa.com, Inc. All rights are reserved. All other trademarks appearing on Uticopa.com are the property of their respective owners.
11. Third Party Content.
Uticopa.com is a licenser or distributor (and not a publisher) of content supplied by third parties and The Clients. Accordingly, Uticopa.com has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, The Clients or any other user of Uticopa.com, are those of the respective author(s) or distributor(s) and not of Uticopa.com. Neither Uticopa.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchant ability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the content available through Uticopa.com represents the opinions and judgments of the respective information provider, The Client, or other user not under contract with Uticopa.com. Uticopa.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Uticopa.com by anyone other than authorised Uticopa.com employee spokespersons while acting in their official capacities. Under no circumstances will Uticopa.com be liable for any loss or damage caused by a The Client's reliance on information obtained through Uticopa.com. It is the responsibility of The Client to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Uticopa.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
12. Miscellaneous.
This Agreement and any operating rules for Uticopa.com constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the United Kingdom, without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any dispute with Uticopa.com, or in any way relating to your use of Uticopa.com, resides in the courts of the United Kingdom and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the United Kingdom in connection with any such dispute including any claim involving Uticopa.com or its subsidiaries, employees, contractors, officers, directors, and content providers. No waiver by either party of any breach or default here under shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
14. Children's Privacy.
Uticopa.com is not intended or designed to attract persons under the age of 18. We do not collect information from any person we actually know is under the age of 18.
15. Advertisements and Links.
Uticopa.com does not endorse the content on any third-party websites. Uticopa.com is not responsible for the content of linked third-party sites, sites framed within Uticopa.com, or third-party advertisements, and does not make any representations regarding their content or accuracy. The Client's use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Uticopa.com does not endorse any product advertised on Uticopa.com.
16. Payment for Services
(A) In the event of Uticopa.com providing services to The Client of any type that are chargeable, payment will be required on the day of request immediately. Unless otherwise indicated in writing in the form of letter, email or electronic communication by the offices of Uticopa.com
(B) In the event that The Client is responsible for a payment to Uticopa which has not been made in line with the terms of payment (16a), The Client will be liable for all outstanding monies, which will be subject to interest charged imposed by Uticopa.com or it’s appointed agents at 2% above the base rate charged by Lloyds TSB bank at the time of the late payment.
(C) Uticopa.com will have the right to use any measures under UK law to recover the outstanding debt owed by The Client to Uticopa.com
17. Refunds of Service Payments
(A) Uticopa shall not be responsible for any refunds relative to payments made by The Client to Uticopa.com.
(B) On commencement of the Services provided by Uticopa.com to The Client, a contract is formed which is not subject to refund.
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