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1. ACCEPTANCE OF TERMS
Affinity Internet Marketing Limited and MagicTaxi ("MagicTaxi")
provides its service to you, subject to the following Terms
of Service ("TOS"), which may be updated by MagicTaxi from
time to time without notice to you. You should review the
TOS periodically for changes at: www.magictaxi.co.uk/termsofservice.html
In addition, when using particular MagicTaxi services,
you and MagicTaxi shall be subject to any guidelines and
rules applicable to such services which may be posted by
MagicTaxi from time to time. All such guides and rules are
hereby incorporated by reference into the TOS. In most cases
the guides and rules are specific to a particular part of
the Service and will assist you in applying the TOS to that
part, but to the extent of any inconsistency between the
TOS and any guide or rule, the TOS will prevail. MagicTaxi
may also offer services from time to time that are governed
by other terms of service. In such cases the other terms
of service will be posted on the relevant service to which
they apply.
2. DESCRIPTION OF SERVICE
MagicTaxi currently provides users with various communications
tools (the "Service"). Unless explicitly stated otherwise,
any new features that augment or enhance the current Service,
including the release of new MagicTaxi properties, shall
be subject to the TOS. You acknowledge and agree that the
Service is provided "AS IS" and that MagicTaxi assumes no
responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or personalisation
settings.
In order to use the Service, you must obtain access to
the World Wide Web, either directly or through devices that
access web-based content, and pay any service and/or telephony
fees associated with such access. In addition, you must
provide all equipment necessary to make such connection
to the World Wide Web, including a computer and modem or
other access device.
3. YOUR REGISTRATION OBLIGATIONS
AND SUPERVISING CHILDREN
In consideration of your use of the Service, you agree to:
(a) provide true, accurate, current and complete information
about yourself as prompted by the Service's registration
form (such information being the "Registration Data") and
(b) maintain and promptly update the Registration Data to
keep it true, accurate, current and complete. If you provide
any information that is untrue, inaccurate, not current
or incomplete, or MagicTaxi has reasonable grounds to suspect
that such information is untrue, inaccurate, not current
or incomplete, MagicTaxi has the right to suspend or terminate
your account and refuse any and all current or future use
of the Service (or any portion thereof).
MagicTaxi is concerned about the safety and privacy of
all its users, particularly children. For this reason, parents
who wish to allow their children access to the Service should
assist them in setting up any relevant accounts and supervise
their access to the Service. By allowing your child access
to the Service, they will be able to access all of the Services
including, email, message boards, groups, instant messages
and chat (among others). Please remember that the Service
is designed to appeal to a broad audience. Accordingly,
as the legal guardian, it is your responsibility to determine
whether any of the Services and/or Content (as defined in
Section 6 below) are appropriate for your child.
4. MAGICTAXI PRIVACY POLICY
Registration Data and certain other information about you
is subject to our Privacy Policy. For more information,
please see our full privacy policy at www.magictaxi.co.uk/privacy.html
5. MEMBER ACCOUNT, PASSWORD AND
SECURITY
You will receive a password and account designation upon
completing the Service's registration process. You are responsible
for maintaining the confidentiality of the password and
account, and are fully responsible for all activities that
occur under your password or account. You agree to (a) immediately
notify MagicTaxi of any unauthorised use of your password
or account and any other breach of security, and (b) ensure
that you exit from your account at the end of each session.
MagicTaxi cannot and will not be liable for any loss or
damage arising from your failure to comply with this Section
5.
6. MEMBER CONDUCT
You acknowledge that all information, data, text, software,
music, sound, photographs, graphics, video, messages and
other materials ("Content"), whether publicly posted or
privately transmitted, are the sole responsibility of the
person from which such Content originated. This means that
you, and not MagicTaxi are entirely responsible for all
Content that you upload, post, email or otherwise transmit
via the Service. MagicTaxi does not control the Content
posted via the Service and, as such, does not guarantee
the accuracy, integrity or quality of such Content. You
acknowledge that by using the Service, you may be exposed
to Content that is offensive, indecent or objectionable.
Under no circumstances will MagicTaxi be liable in any way
for any Content, including, but not limited to, for any
errors or omissions in any Content, or for any loss or damage
of any kind incurred as a result of the use of any Content
posted, emailed or otherwise transmitted via the Service.
You agree to not use the Service to:
a. upload,
post, email or otherwise transmit any Content that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libellous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
b. harm
minors in any way;
c. impersonate
any person or entity, including, but not limited to, a MagicTaxi
official, forum leader, guide or host, or falsely state
or otherwise misrepresent your affiliation with a person
or entity;
d. forge
headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the
Service;
e. upload,
post, email or otherwise transmit any Content that you do
not have a right to transmit under any law or under contractual
or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed
as part of employment relationships or under nondisclosure
agreements);
f. upload,
post, email or otherwise transmit any Content that infringes
any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
g. upload,
post, email or otherwise transmit any unsolicited or unauthorised
advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of
solicitation, except in those areas (such as shopping rooms)
that are designated for such purpose;
h. upload,
post, email or otherwise transmit any material that contains
software viruses or any other computer code, files or programs
designed to interrupt, damage, destroy or limit the functionality
of any computer software or hardware or telecommunications
equipment;
i. disrupt
the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type,
or otherwise act in a manner that negatively affects other
users' ability to engage in real time exchanges;
j. interfere
with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
k. intentionally
or unintentionally violate any applicable law or regulation
including, but not limited to, regulations promulgated by
any securities exchange;
l. "stalk"
or otherwise harass another; or
m. collect
or store personal data about other users.
You acknowledge that MagicTaxi does not
pre-screen Content, but that MagicTaxi and its designees
shall have the right (but not the obligation) in their sole
discretion to refuse or move any Content that is available
via the Service. Without limiting the foregoing, MagicTaxi
and its designees shall have the right to remove any Content
that violates the TOS or is otherwise objectionable.
You agree that you must evaluate, and
bear all risks associated with, the use of any Content,
including any reliance on the accuracy, completeness, or
usefulness of such Content. In this regard, you acknowledge
that you may not rely on any Content created by MagicTaxi
or submitted to MagicTaxi including without limitation information
in MagicTaxi Message Boards, MagicTaxi Groups, and in all
other parts of the Service. You agree that MagicTaxi may
access, preserve, and disclose your account information
and Content: (a) to its affiliated companies worldwide for
the purpose of providing the Content to you in an efficient
manner; (b) for the purpose of properly administering your
account in accordance with the standard operating procedures
of MagicTaxi or its affiliated companies; and (c) if required
to do so by law or in the good faith belief that any such
access, preservation or disclosure is reasonably necessary
to: (i) comply with legal process; (ii) enforce the TOS;
(iii) respond to claims that any Content violates the rights
of third-parties; (iv) respond to your requests for customer
service; or (v) protect the rights, property, or personal
safety of MagicTaxi, its users and the public.
You acknowledge that the technical processing
and transmission of the Service, including your Content,
may involve transmissions over various networks and changes
to conform and adapt to technical requirements of connecting
networks or devices. MagicTaxi reserves the right to terminate
your access to some or all parts of its Service if you withdraw
your consent in this paragraph at any time.
7. SPECIAL ADMONITIONS
FOR INTERNATIONAL USE
Recognising the global nature of the Internet, you agree
to comply with all local laws and rules regarding online
conduct and acceptable Content. Specifically, you agree
to comply with all applicable laws regarding the transmission
of technical data exported from the United Kingdom, the
United States and the country in which you reside (if different
from the aforementioned). When you are on any international
MagicTaxi property, you are bound by the Terms of Service
and applicable laws governing that MagicTaxi property.
8. PUBLIC CONTENT
POSTED TO MAGICTAXI
a. For purposes of the
TOS, "publicly accessible areas" of the Service are those
accessible by the general public. By way of example, a publicly
accessible area of the Service would include public MagicTaxi
Groups and MagicTaxi Message Boards, but would not include
unlisted MagicTaxi Groups or private MagicTaxi communication
services such as MagicTaxi Mail or MagicTaxi Messenger.
b. With respect to Content
you elect to post for inclusion in publicly accessible areas
of MagicTaxi Groups or that consists of photos or other
graphics you elect to post to any other publicly accessible
area of the Service, you grant MagicTaxi a world-wide, royalty
free and non-exclusive licence to reproduce, modify, adapt
and publish such Content on the Service solely for the purpose
of displaying, distributing and promoting the specific MagicTaxi
Group to which such Content was submitted, or, in the case
of photos or graphics, solely for the purpose for which
such photo or graphic was submitted to the Service. This
licence exists only for as long as you elect to continue
to include such Content on the Service and shall be terminated
at the time you delete such Content from the Service.
c. With respect to all
other Content you elect to post to other publicly accessible
areas of the Service, you grant MagicTaxi the royalty-free,
perpetual, irrevocable, non-exclusive and fully sub-licensable
right and licence to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform
and display such Content (in whole or part) worldwide and/or
to incorporate it in other works in any form, media, or
technology now known or later developed.
9. INDEMNITY
You agree to indemnify and hold MagicTaxi and its subsidiaries,
affiliates, officers, agents, co-branders and other partners,
and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due
to or arising out of Content you submit, post to or transmit
through the Service, your use of the Service, your connection
to the Service, your violation of the TOS, or your violation
of any rights of another.
10. NO RESALE OF
SERVICE
You agree not to reproduce, duplicate, copy, sell, resell
or exploit for any commercial purposes, any portion of the
Service, use of the Service, or access to the Service.
11. GENERAL PRACTICES
REGARDING USE AND STORAGE
You acknowledge that MagicTaxi may establish general practices
and limits concerning use of the Service, including with
out limitation the maximum number of days that email messages,
message board postings or other uploaded Content will be
retained by the Service, the maximum number of email messages
that may be sent from or received by an account on the Service,
the maximum size of any email message that may be sent from
or received by an account on the Service, the maximum disk
space that will be allotted on MagicTaxi's servers on your
behalf, and the maximum number of times (and the maximum
duration for which) you may access the Service in a given
period of time. You agree that MagicTaxi has no responsibility
or liability for the deletion or failure to store any messages
and other communications or other Content maintained or
transmitted by the Service. You acknowledge that MagicTaxi
reserves the right to log off accounts that are inactive
for an extended period of time. You further acknowledge
that MagicTaxi reserves the right to change these general
practices and limits at any time, in its sole discretion,
with or without notice.
12. MODIFICATIONS
TO SERVICE
MagicTaxi reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without notice.
You agree that MagicTaxi shall not be liable to you or to
any third party for any modification, suspension or discontinuance
of the Service.
13. TERMINATION
You agree that MagicTaxi in its sole discretion, may terminate
your password, account (or any part thereof) or use of t
he Service, and remove and discard any Content within the
Service, for any reason, including, without limitation,
for lack of use or if MagicTaxi believes that you have violated
or acted inconsistently with the letter or spirit of the
TOS. MagicTaxi may also in its sole discretion and at any
time discontinue providing the Service, or any part thereof,
with or without notice. You agree that any termination of
your access to the Service under any provision of this TOS
may be effected without prior notice, and acknowledge and
agree that MagicTaxi may immediately deactivate or delete
your account and all related information and files in your
account and/or bar any further access to such files or the
Service. Further, you agree that MagicTaxi shall not be
liable to you or any third-party for any termination of
your access to the Service.
14. DEALINGS WITH
ADVERTISERS AND MERCHANTS
Your correspondence or business dealings with, or participation
in promotions of, advertisers and merchants found on or
through the Service, including payment and delivery of related
goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely
between you and such advertiser or merchant. To the fullest
extent permitted by applicable law, you agree that: (a)
MagicTaxi shall not be responsible or liable for any loss
or damage of any kind incurred as the result of any such
dealings or as the result of the presence of such advertisers
and merchants on the Service, and (b) any orders placed
by you on, and any product specifications and product availability
appearing on, the Service (including, without limitation,
MagicTaxi Shopping) are subject to confirmation by, and
the terms and conditions of business of, the relevant Merchant.
15. LINKS
The Service may provide, or third parties may provide, links
to other World Wide Web sites or resources. Because MagicTaxi
has no control over such sites and resources, you acknowledge
and agree that MagicTaxi is not responsible for the availability
of such external sites or resources, and does not endorse
and is not responsible or liable for any Content, advertising,
products, or other materials on or available from such sites
or resources. You further acknowledge and agree that MagicTaxi
shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by
or in connection with use of or reliance on any such Content,
goods or services available on or through any such site
or resource.
16. MAGICTAXI's
PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software
") contain proprietary and confidential information that
is protected by applicable intellectual property and other
laws. You further acknowledge and agree that Content contained
in sponsor advertisements or information presented to you
through the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorised by MagicTaxi
or advertisers, you agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on the
Service or the Software, in whole or in part.
MagicTaxi grants you a personal, non-transferable
and non-exclusive right and licence to use the object code
of its Software on a single computer; provided that you
do not (and do not allow any third party to) copy, modify,
create a derivative work of, reverse engineer, reverse assemble
or otherwise attempt to discover any source code, sell,
assign, sublicence, grant a security interest in or otherwise
transfer any right in the Software. The foregoing is subject
to applicable statute and other express law. You agree not
to modify the Software in any manner or form, or to use
modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorised access to the
Service. You agree not to access the Service by any means
other than through the interface that is provided by MagicTaxi
for use in accessing the Service.
17. DISCLAIMERS
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: A. YOUR USE OF
THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, MAGICTAXI EXPRESSLY DISCLAIMS
ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO
ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS TO THE
PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND
SKILL OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY
RIGHT. B. MAGICTAXI MAKES NO WARRANTY OR REPRESENTATION
THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF
ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. C.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL. D. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MAGICTAXI
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION
OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT MAGICTAXI SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF MAGICTAXI HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i)
THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY
OTHER MATTER RELATING TO THE SERVICE. YOU AGREE THAT REGARDLESS
OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE
OF ACTION ARISING OUT OF OR RELA TED TO USE OF THE SERVICE
OF THESE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH
CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
19. EXCLUSIONS
AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF
THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY
TO YOU. IN PARTICULAR, NOTHING IN THESE TOS SHALL AFFECT
THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT
ANY LIA BIITY FOR DEATH OR PERSONAL INJURY ARISING FROM
THE NEGLIGENCE OR FRAUD OF MAGICTAXI.
20. SPECIAL ADMONITION
FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or
request any news, messages, alerts or other information
from the Service concerning companies, stock quotes, investments
or securities, please read the above Sections 17 and 18
again. They go doubly for you. In addition, for this type
of information particularly, the phrase "Let the investor
beware" is apt. The Service is provided for informational
purposes only, and no Content included in the Service is
intended for trading or investing purposes.
MagicTaxi shall not be responsible or
liable for the accuracy, usefulness or availability of any
information transmitted via the Service, and shall not be
responsible or liable for any trading or investment decisions
made based on such information.
21. NOTICE
Notices to you may be made via either email or regular mail.
The Service may also provide notices of changes to the TOS
or other matters by displaying notices or links to notices
to you generally on the Service.
22. TRADEMARK INFORMATION
MagicTaxi and the MagicTaxi logo trademarks and service
marks, and other MagicTaxi logos and product and service
names are trademarks of Affinity Internet Marketing Limited
("MagicTaxi Marks"). Without Affinity Internet Marketing's
prior permission, you agree not to display or use in any
manner, the MagicTaxi Marks.
23. COPYRIGHTS
and COPYRIGHT AGENTS
MagicTaxi respects the intellectual property of others,
and we ask our users to do the same. If you believe that
any of your intellectual property rights have been infringed
on the Service, please report the problem.
24. GENERAL INFORMATION
These TOS (including the guides and rules referred to herein)
constitute the entire agreement between you and MagicTaxi
and govern your use of the Service, superseding any prior
agreements between you and MagicTaxi You also may be subject
to additional terms and conditions that may apply when you
use affiliate services, third-party content or third-party
software. The TOS and the relationship between you and MagicTaxi
shall be governed by the laws of England.
You and MagicTaxi agree to submit to the
exclusive jurisdiction of the English courts. Any failure
by MagicTaxi to exercise or enforce any right or provision
of the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS is found by a court
of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavour to give effect to
the parties' intentions as reflected in the provision, and
the other provisions of the TOS remain in full force and
effect. The section titles in the TOS are for convenience
only and have no legal or contractual effect.
25. VIOLATIONS
Please report any violations of the TOS to MagicTaxi
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