THIS DOCUMENT CONTAINS IMPORTANT TERMS AND CONDITIONS WHICH AFFECT YOUR LEGAL RIGHTS AND REMEDIES. PLEASE READ THEM THOROUGHLY AS CLICKING THE [I ACCEPT] BUTTON OR USING THIS WEBSITE CONSTITUTES ACCEPTANCE BY YOU OF THESE TERMS AND CONDITIONS OF THIS CONTRACT.
Fibsboard provides this website and its services to you subject to the following terms and conditions, which services or terms and conditions may be changed by Fibsboard at any time without notice.
Throughout this document the terms site, us, we and our refer to Fibsboard and Soul-Trade.com a company situated in the UK
Throughout this document the terms your, you and user refer to parties other than Fibsboard governed by this contract.
This website and all information, images, artwork, text, video, audio, pictures and other materials through on this website and its affiliated services, as well as the website design, content and arrangement (collectively, the &undefined;Information&undefined;) is provided AS IS. Fibsboard makes no representations or warranties of any kind, express, implied, statutory or otherwise as to the operation of this website, its services, or the Information including but not limited to implied or statutory warranties or conditions of merchantable quality, fitness for a particular purpose, title, and non-infringement. fibsboard is not responsible for any damages of any kind, including but not limited to direct, indirect, special, consequential or incidental damages in any way arising out of your use of this website, its services or the information, including any damages you may suffer as a result of your personal information being transmitted between you and fibsboard, or to other users.
Fibsboard is not responsible for lost, deleted, incomplete, illegible, misdirected or stolen messages, mail, pictures, images or information, unavailable connections, failed, incomplete, garbled or delayed transmissions, online failures, hardware, software or other technical malfunctions or disturbances.
Fibsboard allows, but does not encourage users in any way to submit for distribution any personal information over the Internet.
EXCLUSION OF LIABILITY
Fibsboard will not be held liable to or by any party governed by this contract for any damages of any kind including but not limited to direct, indirect, special or other consequential or incidental damages, lost profits, business interruption or otherwise, arising directly or indirectly from the use of this website or fibsboard services, even if such damages are foreseeable or fibsboard is expressly advised of the possibility of such damages and regardless of the basis on which a claim for damages is made.
Fibsboard shall not be held liable for the loss of any personal information submitted by users for distribution on fibsboard.Com services. Users submit this information at their own risk.
By participating in any offline fibsboard event, you agree to release and hold fibsboard harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline fibsboard event.
In order to register as a member of fibsboard or use this site you must be over the age of 18 or be over the age of 14 and obtain permission from your parent or legal guardian who accepts the terms of this agreement. Membership is void where prohibited. By using fibsboard you represent and warrant that you have the right, authority and capacity to enter into this agreement and to abide by all of the terms and conditions contained within this agreement.
STATUS OF PARTIES
You the User act in the capacity of author and publisher of any content you, the User, produce and make publicly available through the use of the Fibsboard.com service.
Fibsboard.com, with regards to this user generated content, acts solely in the capacity as a distributor, and assumes no responsibility of any kind whatsoever for such content.
PROPRIETARY RIGHTS OF Fibsboard CONTENT
Fibsboard owns and retains other proprietary rights in the Fibsboard site and service. The site contains the copyrighted material, trademarks and other proprietary information of Fibsboard. Except for information which is in the public domain or for which you have been given express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
CONTENT PRODUCED FOR DISTRIBUTION ON Fibsboard
You are solely responsible for the Content that you publish or display (hereinafter, post) on the Fibsboard service, or transmit to other Fibsboard Members.
By producing Content for distribution in any public area of Fibsboard, you automatically grant, and you represent and warrant that you have the right to grant, to Fibsboard, and other Fibsboard Members, an irrevocable, perpetual, non-exclusive, worldwide license to use any uploaded content for personal non-profit use.
By producing Content for distribution in any public area of Fibsboard, you automatically grant, and you represent and warrant that you have the right to grant, to Fibsboard the right to use all uploaded Content for promotional use in any medium without Fibsboard providing any notice of use or compensation of any kind.
The following is a partial list of the kind of Content that is illegal or prohibited on the Site. Fibsboard will investigate and take appropriate action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service, terminating the Membership of such violators, as well as other legal actions. It includes Content that:
* is patently offensive to the online community, including but not limited to Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; involves the transmission of junk mail, chain letters or unsolicited mass mailing or spamming; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, or defamatory;
* promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
* contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page) ; displays pornographic or sexually explicit material of any kind;
* provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and engages in commercial activities and/or sales without our prior express written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
You will not transmit any chain letters or junk email to other Fibsboard Members. Although Fibsboard cannot monitor the conduct of its Members off the Fibsboard Site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.
While Fibsboard does make efforts to ensure that content distributed through our services complies with this provision, Fibsboard makes no assurances, guarantees or warrantees that the content found on the service will be screened to ensure its compliance with this provision. However, users are encouraged to report any violations of this provision to the Fibsboard Administration for review.
You are solely responsible for your interactions with other Fibsboard Members. Fibsboard reserves the right, but has no obligation, to monitor disputes between you and other Members.
The laws in force in the United Kingdom, will govern this contract, terms, conditions and any claims you make against Fibsboard. You agree that any action at law or in equity arising out of or relating to these disclaimers, terms and conditions will be filed solely in the courts located in the UK, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating such action, notwithstanding your place of residence.
This agreement is made, executed, and delivered in Liverpool UK, any controversy arising from, or in relation to this Agreement shall be governed by and construed in accordance to the domestic laws of the UK. The parties hereto and hereby agree that any disputes arising from this agreement shall be submitted to, and be subject to the to the jurisdiction of the courts of the UK which shall have exclusive jurisdiction in the event of any dispute hereunder. Furthermore, the parties hereby irrevocably submit and attorn the jurisdiction of such courts to finally adjudicate and action arising out of this agreement.
Additionally, the parties hereto hereby agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement and is strictly excluded.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that all information that you provide in the Fibsboard Application Form is personal to you and that all images or photographs submitted by you are images or photographs of you or images of which you own the rights to, or have been granted the express right to publish and distribute.
You will indemnify and hold harmless Fibsboard for and against any and all actions, costs, damages and reasonable attorney fees arising out of your use of the Fibsboard services, your breach of any of these terms and conditions or your infringement of any third party’s intellectual property rights.
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