Terms Of Use
BACKGROUND:
This agreement applies as between you, the
User of this Web Site and www.cure-your-bad-breath.com, the owner of this Web
Site. Your agreement to comply with and be bound by these terms and conditions
is deemed to occur upon your first use of the Web Site. If you do not agree to
be bound by these terms and conditions, you should stop using the Web Site
immediately.
1.
Definitions and Interpretation
In this Agreement the following terms shall
have the following meanings:
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“Content”
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means
any text, graphics, images, audio, video, software, data compilations and any
other form of information capable of being stored in a computer that appears
on or forms part of this Web Site;
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“Learning Establishment”
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means
any provider of education to persons of any age including, but not limited
to, schools, colleges, universities and professional / adult education
providers;
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“Service”
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means
collectively any online facilities, tools, services or information that www.cure-your-bad-breath.com makes available
through the Web Site either now or in the future;
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“System”
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means any online communications infrastructure that www.cure-your-bad-breath.com makes available
through the Web Site either now or in the future. This includes, but is not
limited to, web-based email, message boards, live chat facilities and email
links;
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“User” / “Users”
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means
any third party that accesses the Web Site and is not employed by www.cure-your-bad-breath.com and acting in
the course of their employment; and
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“Web Site”
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means the website that you are currently using (www.cure-your-bad-breath.com) and any sub-domains
of this site (e.g. www.cure-your-bad-breath.com/Bad-Breath-Causes/)
unless expressly excluded by their own terms and conditions.
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2.
Intellectual Property
2.1
Subject to the exceptions in Clause
3 of these Terms and Conditions, all Content included on the Web Site, unless
uploaded by Users, including, but not limited to, text, graphics, logos, icons,
images, sound clips, video clips, data compilations, page layout, underlying
code and software is the property of www.cure-your-bad-breath.com, or our
affiliates. By continuing to use the Web Site you acknowledge that such
material is protected by applicable United Kingdom and International
intellectual property and other laws.
2.2
You may print, reproduce, copy,
distribute, store or in any other fashion re-use Content from the Web Site for
purposes as specified in Clause 4 of these Terms and Conditions and for
personal or educational purposes only unless otherwise indicated on the Web
Site or unless given express written permission to do so by
www.cure-your-bad-breath.com. Specifically you agree that:
2.2.1
You will not use the Content of
the Web Site for commercial purposes;
2.2.2
You will not systematically
copy Content from the Web Site with a view to creating or compiling any form of
comprehensive collection, compilation, directory or database unless given
express written permission to do so by www.cure-your-bad-breath.com;
2.2.3
You may, as a student of a
recognised Learning Establishment, use the Content of the Web Site for
educational purposes provided an appropriate reference is given for all Content
so applied using a suitable referencing system of your choice or as stipulated
by your Learning Establishment;
2.2.4
Employees of Learning
Establishments may use the Content of the Website for teaching purposes subject
to the following conditions:
a)
No further consent is required
for use in not-for-profit Learning Establishments. This may include, but is not
limited to, schools that charge no fees for tuition; and
b)
For use in profit-making
Learning Establishments, prior written consent is required. This may include,
but is not limited to, private schools charging fees, universities and adult
education providers.
3.
Third Party
Intellectual Property
Where expressly indicated, certain Content
and the Intellectual Property Rights subsisting therein belongs to other
parties. This Content, unless expressly stated to be so, is not covered by any
permission granted by Clause 2 of these Terms and Conditions to use Content
from the Web Site. The exceptions in Clause 4 continue to apply. Any such
Content will be accompanied by a notice providing the contact details of the
owner and any separate use policy that may be relevant.
4.
Fair Use of Intellectual
Property
Material from the Web Site may be re-used
without written permission where any of the exceptions detailed in Chapter III
of the Copyright Designs and Patents Act 1988 apply.
5.
Links to Other Web Sites
This Web Site may contain links to other
sites. Unless expressly stated, these sites are not under the control of
www.cure-your-bad-breath.com or that of our affiliates. We assume no
responsibility for the content of such web sites and disclaim liability for any
and all forms of loss or damage arising out of the use of them. The inclusion of
a link to another site on this Web Site does not imply any endorsement of the
sites themselves or of those in control of them
6.
Links to this Web Site
Those wishing to place a link to this Web
Site on other sites may do so without prior permission.
7.
Use of Communications
Facilities
7.1
When using any forums and / or
any other System on the Web Site you should do so in accordance with the
following rules:
7.1.1
You must not use obscene or
vulgar language;
7.1.2
You must not submit Content
that is unlawful or otherwise objectionable. This includes, but is not limited
to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist
or racist;
7.1.3
No Content that is intended to
promote or incite violence;
7.1.4
It is advised that posts on any
forums and communications with www.cure-your-bad-breath.com
are made using the English language as we may be unable to respond to enquiries
submitted in any other languages;
7.1.5
You must not post links to
other web sites containing any of the above types of Content;
7.1.6
The means by which you identify
yourself must not violate these terms of use or any applicable laws;
7.1.7
You must not engage in any form
of commercial advertising. This does not prohibit references to businesses for
non-promotional purposes including references where advertising may be
incidental;
7.1.8
You must not impersonate other
people, particularly employees and representatives of
www.cure-your-bad-breath.com or our affiliates;
and
7.1.9
You must not use our System for
unauthorised mass-communication such as “spam” or “junk mail”.
7.2
You acknowledge that
www.cure-your-bad-breath.com reserves the right to monitor any and all
communications made to us or using our System.
7.3
In order to use any forums and
any other communication facility that may be added in the future on this Web
Site, you are required to submit certain
personal details. By continuing to use this Web
Site you represent and warrant that:
7.3.1
Any information you submit is
accurate and truthful; and
7.3.2
You will keep this information
accurate and up-to-date.
8.
Privacy
Use of the Web Site is also governed by our
Privacy Policy which is incorporated into
these terms and conditions by this reference. To view the Privacy Policy,
please click here
9.
Disclaimers
Use of the Web
Site is also governed by our Disclaimers which are incorporated into these
terms and conditions by this reference. To view the Disclaimers, please click here
10.
Availability of the Web Site
The Service is provided “as is” and on an “as
available” basis. We give no warranty that the Service will be free of defects
and / or faults. To the maximum extent permitted by the law we provide no
warranties (express or implied) of fitness for a particular purpose, accuracy
of information, compatibility and satisfactory quality.
www.cure-your-bad-breath.com accepts no
liability for any disruption or non-availability of the Web Site resulting from
external causes including, but not limited to, ISP equipment failure, host
equipment failure, communications network failure, power failure, natural
events, acts of war or legal restrictions and censorship.
11.
Limitation of Liability
11.1
To the maximum extent permitted
by law, www.cure-your-bad-breath.com accepts no liability for any direct or
indirect loss or damage, foreseeable or otherwise, including any indirect,
consequential, special or exemplary damages arising from the use of the Web
Site or any information contained therein. Users should be aware that they use
the Web Site and its Content at their own risk.
11.2
Whilst every effort has been
made to ensure that these terms and conditions adhere strictly with the
relevant provisions of the Unfair Contract Terms Act 1977, in the event that
any of these terms are found to be unlawful, invalid or otherwise
unenforceable, that term is to be deemed severed from these terms and
conditions and shall not affect the validity and enforceability of the
remaining terms and conditions. This term shall apply only within jurisdictions
where a particular term is illegal.
12.
Law and Jurisdiction
These terms and conditions and the
relationship between you and www.cure-your-bad-breath.com shall be governed by
and construed in accordance with the Law of Scotland and
www.cure-your-bad-breath.com and you agree to submit
to the exclusive jurisdiction of the Courts of Scotland.
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