TERMS
AND CONDITIONS OF USE
OF
www.BuildAHoliday.co.uk
1 ACCEPTANCE OF TERMS
1.1 Your access to and
use of www.BuildAHome.co.uk ("the Website")
and any Services referred to in Clause 2,
is subject exclusively to these Terms and
Conditions. You will not use the Website/Services
for any purpose that is unlawful or prohibited
by these Terms and Conditions. By using
the Website/Services you are fully accepting
the terms, conditions and disclaimers contained
in this notice. If you do not accept these
Terms and Conditions you must immediately
stop using the Website/Services.
1.2 We reserve the right
to update or amend these Terms and Conditions
at any time and your continued use of the
Website/Services following any changes shall
be deemed to be your acceptance of such
change. It is therefore your responsibility
to check the Terms and Conditions regularly
for any changes.
2 THE SERVICES
The Website may provide
communication tools such as email, bulletin
boards, chat areas, news groups, forums
and/or other message or communication facilities
("the Services") designed to enable
you to communicate with others. Unless stated
otherwise the Services are for your personal
and non-commercial use only.
3 CHILD SUPERVISION
We are concerned about
the safety and privacy of our users, particularly
children. Parents who wish to allow their
children access to and use of the Website/Services
should supervise such access and use. By
allowing your child access to the Services
you are allowing your child access to all
of the Services, including email, bulletin
boards, chat areas, news groups, forums
and/or other message or communication facilities.
It is therefore your responsibility to determine
which Services are appropriate for your
child. Always use caution when revealing
personally identifiable information about
yourself or your children via any of the
Services.
4 PRIVACY POLICY
4.1 We are committed to
responsible data management and subscribe
to the principals of the data protection
legislation in the United Kingdom. We are
committed to maintaining the privacy of
our users and maintaining the security of
any personal information received from you.
If you register for any of the Services
you will be asked to provide basic personal
information. The information provided by
you is not available for sale or use by
third parties. The information is used solely
for notifying you of changes or updates
to the Website/Services.
4.2 We use a technology
called "cookies" as part of our
normal business procedure to track patterns
of behaviour of visitors to the Website.
A cookie is an element of data that the
Website sends to your browser that is then
stored on your system. You can set your
browser to prevent this happening. Any information
collected in this way can be used to identify
you unless you change your browser settings.
5 USER ACCOUNT, PASSWORD
AND SECURITY
If a particular Service
requires you to open an account you will
be required to complete the registration
process by providing certain information
and registering a username and password
for use with that Service. You are responsible
for maintaining the confidentiality of the
username and password and also for all activities
which take place under your account. You
agree to immediately notify us of any unauthorised
use of your password or account or any other
breach of security. In no event will www.BuildAHoliday.co.uk
be liable for any indirect or consequential
loss or damage whatsoever resulting from
the disclosure of your username and/or password.
You may not use another person’s account
at any time, without the express permission
of the account holder.
6 ACCEPTABLE USE
6.1 You acknowledge that
all information, text, graphics, logos,
photographs, images, moving images, sound,
illustrations and other materials ("the
Content"), whether posted publicly
or transmitted privately, are the sole responsibility
of the person from whom such Content originated.
We do not control or endorse the Content
and cannot guarantee the accuracy, integrity
or quality of such Content and you acknowledge
that by using the Services you may be exposed
to Content that is offensive and/or indecent.
www.BuildAHoliday.co.uk will not be liable
in any way for any Content or for any loss
or damage of any kind resulting from the
use of any Content transmitted via the Services
and you agree to bear all risks associated
with the use of any Content, including any
reliance on the accuracy or completeness
of such Content.
6.2 In using the Website/Services
you agree not to:
6.2.1 use the Services
to send junk email, spam, chain letters,
pyramid schemes or any other unsolicited
messages, commercial or otherwise;
6.2.2 post, publish, distribute
or disseminate material or information that
is defamatory, infringing, obscene, indecent,
threatening, abusive, harassing or unlawful;
6.2.3 post, publish, distribute
or disseminate material or information that
incites discrimination, hate or violence
towards any person or group on account of
their race, religion, disability, nationality
or otherwise;
6.2.4 threaten, abuse,
disrupt, stalk or otherwise violate the
legal rights (including rights of privacy
and publicity) of others;
6.2.5 use any information
or material in any manner that infringes
any copyright, trademark, patent or other
proprietary right of any party;
6.2.6 make available or
upload files that contain a virus, worm,
trojan or corrupt data that may damage the
operation of the computer or property of
another;
6.2.7 collect or store
personal information about others, including
email addresses;
6.2.8 advertise or offer
to buy or sell goods or services for any
commercial purpose, unless such communication
facility specifically allows such messages;
6.2.9 impersonate any
person or entity for the purpose of misleading
others;
6.2.10 violate any applicable
laws or regulations;
6.2.11 use the Website/Services
in any manner that could damage, disable,
overburden or impair the Website/Services
or interfere with any other party’s
use and enjoyment of the Website/Services;
6.2.12 post, publish,
distribute or disseminate material or information
that you do not have a right to transmit
under any law or under contractual or fiduciary
relationships (such as inside information
or confidential information disclosed in
the course of employment or under a confidentiality
agreement);
6.2.13 attempt to gain
unauthorised access to any of the Services,
other accounts, computer systems or networks
connected to the Website/Services through
hacking, password mining or any other means.
6.3 We have no obligation
to monitor the Services but shall be entitled
to review materials posted to a communications
facility and, at our sole discretion, to
remove any material that breaches these
Terms and Conditions or is otherwise objectionable.
7 TERMINATION
We have the right to
terminate your access to any or all of the
Services at any time, without notice, for
any reason, including without limitation,
breach of these Terms and Conditions. We
may also at any time, at our sole discretion,
discontinue the Website/Services or any
part thereof without prior notice and you
agree that we shall not be liable to you
or any third party for any termination of
your access to the Website/Services.
8 LINKS TO THIRD PARTY
WEBSITES
The Website/Services may
include links to third party websites that
are controlled and maintained by others.
Any link to other websites is not an endorsement
of such websites and you acknowledge and
agree that www.BuildAHoliday.co.uk is not
responsible for the content or availability
of any such sites.
9 INTERNATIONAL USE
You agree to comply with
all applicable laws regarding the transmission
of technical data exported from the United
Kingdom or the country in which you reside
(if different) and with all local laws and
rules regarding acceptable use of and conduct
on the Internet.
10 INTELLECTUAL PROPERTY
RIGHTS
10.1 The Website and its
content (including without limitation the
Website design, text, graphics and all software
and source codes connected with the Website
and the Services) are protected by copyright,
trade marks, patents and other intellectual
property rights and laws. In accessing the
Website you agree that you will access the
contents solely for your personal, non-commercial
use. None of the content may be downloaded,
copied, reproduced, transmitted, stored,
sold or distributed without the prior written
consent of the copyright holder. This excludes
the downloading, copying and/or printing
of pages of the Website for personal, non-commercial
home use only.
10.2 www.BuildAHoliday.co.uk
does not claim ownership of any materials
you post, upload or submit to any publicly
accessible area of the Services. However,
by doing so you are granting us a world-wide,
royalty free, non-exclusive licence to copy,
distribute, transmit, reproduce, publicly
display, edit, translate or publish such
Content for as long as you elect to display
such Content via the Services. The licence
shall be terminated when such Content is
deleted from the Services.
11 INDEMNITY
You agree to indemnify
and hold www.BuildAHoliday.co.uk harmless
from and against any breach by you of these
Terms and Conditions and any claim or demand
brought against www.BuildAHoliday.co.uk
by any third party arising out of your use
of the Services and/or any Content submitted,
posted or transmitted through the Services,
including without limitation, all claims,
actions, proceedings, losses, liabilities,
damages, costs, expenses (including reasonable
legal costs and expenses) howsoever suffered
or incurred by www.BuildAHoliday.co.uk in
consequence of your breach of these Terms
and Conditions.
12 DISCLAIMERS AND LIMITATION
OF LIABILITY
12.1 Use of the Website/Services
is at your own risk. The Website/Services
are provided on an "AS IS" and
"AS AVAILABLE" basis without any
representation or endorsement made and without
warranty of any kind whether express or
implied, including but not limited to the
implied warranties of satisfactory quality,
fitness for a particular purpose, non-infringement,
compatibility, security and accuracy.
12.2 To the extent permitted
by law, www.BuildAHoliday.co.uk will not
be liable for any indirect or consequential
loss or damage whatsoever (including without
limitation loss of business, opportunity,
data, profits) arising out of or in connection
with the use of the Website/Services.
12.3 www.BuildAHoliday.co.uk
makes no warranty that the Website/Services
will meet your requirements, that Content
will be accurate or reliable, that the functionality
of the Website/Services will be uninterrupted
or error free, that defects will be corrected
or that the Website/Services or the server
that makes them available are free of viruses
or anything else which may be harmful or
destructive.
12.4 Nothing in these
Terms and Conditions shall be construed
so as to exclude or limit the liability
of www.BuildAHoliday.co.uk for death or
personal injury as a result of the negligence
of www.BuildAHoliday.co.uk.
12.5 Nothing in these
Terms and Conditions shall affect your statutory
rights as a consumer.
13 SEVERANCE
If any of these Terms
and Conditions should be determined to be
invalid, illegal or unenforceable for any
reason by any court of competent jurisdiction
then such Term or Condition shall be severed
and the remaining Terms and Conditions shall
survive and remain in full force and effect
and continue to be binding and enforceable.
14 GOVERNING LAW
These Terms and Conditions
shall be governed by and construed in accordance
with the law of England and you hereby submit
to the exclusive jurisdiction of the English
courts.
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