ATTENTION:
This legal notice applies to the entire contents of this website under the domain names www.estatecreate.com, www.estatecreate.co.uk, www.estatecreategroup.com, and www.primaryrun.com (Website) and to any correspondence by e-mail between us and you. Please read these terms carefully before using this Website. Using this Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use this Website.
This notice is issued by estatecreate Limited (Company) and “Estatecreate”, www.Estatecreate.com, www.Estatecreate.co.uk, www.estatecreategroup.com, and “Primary Run” and www.primaryrun.com are trading names of the Company.
1 Introduction
1.1 You may not access any area of this Website without registering your details with us.
1.2 By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
1.3 The Company may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
2 Registration
2.1 Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network. By registering on this site, you warrant that you have not had your registration revoked, suspended or cancelled by the Company. By registering, you undertake that you will not share your user name with anyone else.
2.2 When registering on the site, you do so on the understanding that you will receive messages and offers which may be of interest to you through the site’s internal messaging system.
2.3 We will not pass on your details to any third party advertisers without your express consent.
2.4 Responsibility for the security of any passwords issued rests with you.
2.5 We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or other intellectual property law, or is vulgar, obscene, offensive or otherwise in appropriate as determined by us in our sole discretion.
3 Licence
3.1 You are permitted to print and download extracts from this Website for your own (non-commercial) use on the following basis:
no documents or related graphics on this Website are modified in any way;
no graphics on this Website are used separately from accompanying text; and
the Company’s copyright and trade mark notices and this permission notice appear in all copies.
3.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraph 3.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
3.3 Subject to paragraph 3.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.
3.4 By posting any content to this Website, you hereby grant us a non-exclusive, fully-paid, worldwide, irrevocable licence to use, publicly perform or display, modify and translate such content on the Website.
3.5 Any rights not expressly granted in these terms are reserved.
4 Service access
4.1 While the Company endeavours to ensure that this Website is normally available 24 hours a day, the Company shall not be liable if for any reason this Website is unavailable at any time or for any period.
4.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
5 Visitor material and conduct
5.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
5.2 You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content that you submit, post and display on this website.
5.3 You are prohibited from posting or transmitting to or from this Website any material that is: threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or for which you have not obtained all necessary licences and/or approvals; or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
If you make postings to Estatecreate providing false contact details or impersonating another party we reserve the right to pass your details and IP address on to the aggrieved third party, their agents or any law enforcement agency.
5.4 You may not misuse the Website (including, without limitation, by hacking).
5.5 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of paragraph 5.2or paragraph 5.3.
5.6 You acknowledge that we are not and cannot be responsible for the behaviour of anyone else on the website. You stand be aware that we do not generally pre-screen or monitor any material on the website.
6 Advertisements and links to and from other websites
6.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
6.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
you do not remove, distort or otherwise alter the size or appearance of the Estatecreate logo;
you do not create a frame or any other browser or border environment around this Website;
you do not in any way imply that the Company is endorsing any products or services other than its own;
you do not misrepresent your relationship with the Company nor present any other false information about the Company;
you do not otherwise use any estatecreate Limited trade marks displayed on this Website without express written permission from the Company;
you do not link from a website that is not owned by you; and
your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
6.3 The Company expressly reserves the right to revoke the right granted in paragraph 6.2 for breach of these terms and to take any action it deems appropriate.
6.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 6.2. The Website may contain links to and content from other internet sites and resources. Click of Paimt Limited cannot control such content, nor can it endorse products or services offered by third parties through such content.
6.5 We or our affiliates may offer new or additional services to you from time to time. Your use of those services may be subject to additional terms and conditions or rules of use with which you must comply. Any failure by you to comply with a material provision of the terms or rules governing such additional services will amount to a breach of these terms and conditions and enable us to terminate this agreement with you.
7 Special terms and Conditions
Special terms and conditions apply to the use of certain features of the Website. These are indicated on the relevant pages and form part of these terms of use as if set out in full herein.
8 Discussion Boards
8.1 The discussion boards are provided for your use. The views and opinions that may be expressed on the boards do not reflect those of estatecreate Limited.
8.2 You must not use the discussion boards to display any material which is:
in contravention of any relevant local, national or international law or which incites or encourages the contravention of any such law;
racist, sexist or homophobic;
pornographic, obscene, profane or vulgar;
defamatory of any person, entity or organisation;
abusive, threatening or otherwise likely to be harmful to those persons likely to use the Website;
offensive, in the opinion of estatecreate Limited;
infringing of the rights (including the intellectual property rights) of any person;
related to the conduct of a business.
8.3 By submitting information to the discussion boards, you grant estatecreate Limited a non-exclusive worldwide royalty free perpetual irrevocable licence to use, distribute, adapt, modify, display, reproduce and transmit such information in any and all media in any manner in whole or in part without any obligation to account to you. You also grant estatecreate Limited the right to grant licences to users of the Website to view and copy such information for personal use.
8.4 estatecreate Limited reserves the right (at its absolute discretion) to edit or delete any messages left on the discussion boards, including without limitation any message which contravenes these terms and conditions.
8.5 You must report any message which you consider is in contravention of the rules set out in this clause 8.
9 Use of Estatecreate’s Internal Mail and Posting Service (IMS)
9.1 The membership of the IMS allows you to:
post your house name, profile notes and photos to appear on the IMS, send and receive emailed messages, which will be sent to the email address contained in Your Details (which are provided during registration and may be updated subsequently), notifying you of contacts sent by members which can be viewed in the message centre on the site;
receive certain types of message sent in order for us to deliver the IMS optimally, either on the messaging system or on the message board. These are outlined in the privacy policy;
post to message boards that we make available on the IMS;
post to message boards that are particular to your profile;
access details of other Estatecreate members who have invited you to join their personal area;
upload photographs and video messages to your personal area; and
participate in real-time interactions, such as chat rooms and instant messaging that we make available from time to time on the IMS.
9.2 Important: You must ensure that the email address we hold for you is kept up-to-date and that you have full access to it – we will be sending you important messages there. If you change email address, then you must inform us of the new address through your Profile page.
9.3 You acknowledge that we will be entitled to withdraw your membership of the IMS if we decide to withdraw the IMS entirely, as it is a service that we may make available on a discretionary basis.
9.4 IMS is intended to be used by members for the purposes referred to in clause 9.1 above. Accordingly, members must not: place material on, or otherwise use, the IMS for:
any business or commercial purpose; or
use your access to the IMS, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam).
10 Disclaimer
10.1 While the Company endeavours to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. The Company may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and the Company makes no commitment to update such material.
10.2 The material on this Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with this Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.
10.3 The information contained on this community website is for information purposes. Whilst every care has been taken in its preparation, estatecreate.com does not make any warranties nor representations as to its accuracy or reliability. We neither accept nor assume any reliability in relation to the contents of these pages which should not be relied upon as accurate.
In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
In no event do we accept liability of any description including liability for negligence for any damages whatsoever resulting from loss of use, data or profits arising out of or in connection with the viewing, use or performance of this website or its contents. The pages contained in this website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept neither responsibility for keeping the information in these pages up to date nor liability for any failure to do so.
11 Liability
11.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
11.2 Nothing in this legal notice shall exclude or limit the Company’s liability for:
death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
fraud; or
misrepresentation as to a fundamental matter; or
any liability which cannot be excluded or limited under applicable law.
11.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
11.4 You agree that you are owed no duty of care or other obligation by estatecreate Limited and that insofar as you may be owed any such duty or obligation, you waive any rights which you may have in respect of such duty or obligation.
12 Assignment
12.1 We reserve the right to assign this agreement and to assign or subcontract any or all of our rights and obligations under this agreement. You may not without the prior written consent of the Company assign or dispose of this agreement.
13 Termination
13.1 You can terminate your account which will remove your profile and other personal information from view. To cancel your account, tell us via our Contact Us form. We may suspend or terminate your membership immediately at any time, for any reason. Once your membership terminates or is suspended, you will have no right to use the site’s services. We reserve all our rights under this legal notice or otherwise, notwithstanding the suspension or termination of your membership.
14 Governing law and jurisdiction
14.1 This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
Issue Date: 11th October 2007
