1. Acceptance of Terms
This Web site is provided
by Forces365.com subject to the following Terms of Service ("TOS"),
which may be updated by us from time to time without notice to you.
Forces365.com reserves the right to alter these Terms of Service
without advance notice by posting revised TOS.
These TOS apply to the following sites:
http://www.forces365.com
In addition, when using particular services provided by Forces365.com,
you shall be subject to any additional posted guidelines or rules
applicable to such services. All such guidelines or rules are hereby
incorporated by reference into the TOS.
PLEASE
READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING
FORCES365.COM WEB SITES. YOUR USE OF OR ACCESS TO FORCES365.COM WEB
SITES CONSTITUTES AGREEMENT TO ABIDE BY THE TERMS OF SERVICE THEN IN
EFFECT.
Any questions about the meaning or application of these Terms of Service please use our contact page.
2. Description of the Service
Forces365.com
provides users with access to a rich collection of online resources
including profiles and networks, opportunities to post eyewitness
accounts and features (the "interactive community"), searchable
databases, specialized content and branded programming through its
network of properties (the "service"). Unless explicitly stated
otherwise, any new features that augment or enhance the current
service, including the release of new Forces365.com properties, shall
be subject to the TOS.
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 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. Registration Obligations
You
are not obligated to register with Forces365.com in order to access the
Web sites subject to the TOS. However, Forces365.com offers certain
features and services for which registration is necessary. For example,
to contribute to online message boards, eyewitness accounts, features
and discussions, you are required to select a user name and to provide
your email address to Forces365.com. Depending on the Web site, you
will either select your own password at the time of registration or
will receive an email notification from us with a randomly generated
initial password. Whenever you contribute to a public forum, your user
name will automatically appear with your post and link to your profile.
You may choose a name to use in connection with your messages in the
interactive community.
However, you may not use a user name
(or email address) that attempts to impersonate another person; that
belongs to another person, without his or her prior consent; that
violates the intellectual property rights of any person; or that
Forces365.com deems to be offensive.
In addition, you may
submit your email address in order to receive periodic updates from
Forces365.com about new online services, and other matters. Additional
contact information, including name, address, phone number and email
address is requested for participation in online quizzes and contests.
All such submissions are governed by the Forces365.com Privacy Policy.
In
consideration of your use of the service, you agree, where information
is requested, to provide true, accurate, current and complete
information about yourself and not to impersonate any other person. If
you receive or select a password, you are responsible for maintaining
its confidentiality, and are fully responsible for all activities that
occur under your password or user name.
You agree to (a)
immediately notify Forces365.com of any unauthorized use of your
password or User Name or any other breach of security, and (b) ensure
that you exit from your account at the end of each session.
Forces365.com is not liable for any loss or damage arising from your
failure to comply with this Section.
4. Privacy Policy
The TOS incorporate the terms of our Privacy Policy. Please see the full Privacy Policy for more information.
5. Rules of Conduct
Forces365.com
expects the users of this service to respect the rights and dignity of
others. Accordingly, use of the service is conditioned on the following
Rules of Conduct:
A. You agree not to post or transmit
through Forces365.com any threatening, harassing, degrading, hateful or
intimidating material;
B. You agree not to post or transmit through Forces365.com any defamatory material;
C. You agree not to post or transmit through Forces365.com any material that is fraudulent or tortious;
D. You agree not to post or transmit through Forces365.com any obscene, indecent, or pornographic material;
E.
You agree not to post or transmit through Forces365.com any material
which would violate or infringe in any way upon the rights of others,
or which would give rise to criminal or civil liability and/or violate
federal or local law or regulation;
F. You agree not to post
or transmit through Forces365.com any material which encourages conduct
that constitutes a criminal offense;
G. You agree not to
upload, post, or otherwise make available on Forces365.com Web sites
any material protected by copyright, trademark, trade secret, right of
publicity or other proprietary right without the express permission of
the owner of such copyright, trademark, trade secret, right of
publicity or other proprietary right. Any person who has been found
repeatedly to violate the intellectual property rights of others shall
be barred from submitting or posting any further material on
Forces365.com's Web sites;
H. You agree not to impersonate
any person or entity, including, but not limited to, any Forces365.com
employee, or falsely state or otherwise misrepresent your affiliation
with any person or entity;
I. You agree not to post or
transmit through Forces365.com any material that would violate another
person's privacy rights, including any message containing personal
phone numbers or addresses (including your own);
J. You agree
not to interfere with any other user's right to privacy, including by
harvesting or collecting personally identifiable information about
users of Forces365.com's Web sites;
K. You agree not to
upload, post or transmit through Forces365.com's Web sites any virus,
worm, Trojan Horse, or any other computer code, file, or program that
may or is intended to damage the operation of any hardware, software,
or telecommunications equipment;
L. You agree not to
interfere with or disrupt the Forces365.com service or servers or
networks connected to the service, or disobey any requirements,
procedures, policies or regulations of networks connected to the
service;
M. You agree not to upload, post, email or otherwise
transmit any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid schemes," or
any other form of solicitation;
N. You agree not to
reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of Forces365.com's service, use of the service,
or access to the service;
O. You agree not to post or
transmit content that encourages or provides instructional information
about illegal activities, in particular, hacking, cracking or phreaking.
6. Monitoring and Disclosure of Content
A.
You acknowledge that Forces365.com does not pre-screen content posted
by users, and that Forces365.com.com shall not be responsible for
policing, monitoring, or editing such content Notwithstanding the
foregoing, Forces365.com shall have the right, but not the obligation,
to monitor such content in order to respond to or comment upon
communications by participants and in order to determine compliance
with the TOS. In addition, Forces365.com shall have the right and sole
discretion to refuse to post or to remove any content, in whole or in
part, that it believes to be in violation of the TOS, or which it finds
to be otherwise objectionable for any reason.
B. You
acknowledge and agree that Forces365.com may preserve content and may
also disclose content and its origin if required to do so by law or in
the good faith belief that such preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) enforce the
TOS; (c) respond to claims that any content violates the rights of
third parties; or (d) protect the rights, property, or personal safety
of Forces365.com, its users and the public.
7. Limitations of Liability and Disclaimer of Warranties
A.
Forces365.com is a distributor only, and not a publisher, of messages
posted in its interactive community. The opinions expressed in the
public forums are not necessarily those of Forces365.com. Forces365.com
is not responsible for any user-provided materials, which are deemed
harmful or offensive to others. Forces365.com is not responsible in any
way for any injury, loss, or damage which occurs as a result of an
opinion expressed or information provided in public forum sections of
the Web site. All statements, advice and opinions made by participants
in the public forums of Forces365.com's Web sites are those of such
participants only, and Forces365.com neither endorses nor shall be held
responsible for the reliability or accuracy of same. In addition, any
user of Forces365.com's Web sites who chooses to make any personally
identifiable information or other information publicly available does
so at his or her own risk. Forces365.com has no control over, and shall
have no legal liability for, any damages resulting from the use or
misuse of such information, including republication, by any third party
of information voluntarily made public by a user of the Web sites.
B.
YOUR USE OF FORCES365.COM'S WEB SITES, THE CONTENT ON FORCES365.COM'S
WEB SITES, AND ANY GOODS OR SERVICES YOU ACQUIRE FROM SERVICEPALS.COM
ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED. 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
FORCES365.COM OR SUBMITTED TO FORCES365.COM, INCLUDING WITHOUT
LIMITATION INFORMATION IN THE INTERACTIVE COMMUNITY AND IN ALL OTHER
PARTS OF THE WEB SITES.
C. FORCES365.COM DISCLAIMS ALL
WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. FORCES365.COM WILL NOT BE LIABLE FOR ANY DIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR
OTHER INTANGIBLES, EVEN IF FORCES365.COM HAD BEEN ADVISED OF SUCH
DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, FORCES365.COM WILL NOT
BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE
INABILITY TO USE SERVICEPALS.COM'S WEB SITES, FROM GOODS ACQUIRED
THROUGH FORCES365.COM, OR FROM ANY CONTENT POSTED ONLINE BY
FORCES365.COM OR ANYONE ELSE.
D. FORCES365.COM MAKES NO
WARRANTY THAT (i) THE WEB SITES WILL MEET YOUR REQUIREMENTS; (ii)
ACCESS TO THE WEB SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
WEB SITES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE WEB SITES WILL MEET YOUR EXPECTATIONS, OR
(V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED
8. Indemnity
You
agree to defend, indemnify and hold harmless Forces365.com, its
parents, subsidiaries and affiliated companies and their respective
directors, officers, employees and agents from and against all claims,
losses, costs, and expenses (including attorneys fees) arising out of
your use of Forces365.com's Web sites, or arising out of any violation
of these Terms of Service by you including, without limitation, any
communication by you which is claimed to be defamatory, obscene or
otherwise unlawful, or which is claimed to violate the copyright,
trademark, proprietary or other rights of third parties
9. Links
Forces365.com's
Web sites may provide links to other World Wide Web sites or resources.
Because Forces365.com has no control over such sites and resources, you
acknowledge and agree that Forces365.com.com 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 Forces365.com 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.
10. Dealings With Advertisers
Your
correspondence or business dealings with, or participation in
promotions of, advertisers 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. You agree that
Forces365.com shall not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings or as the
result of the presence of such advertisers on the Service.
11. Proprietary Rights
A.
Subject to the Forces365.com Privacy Policy, by inputting data, posting
stories, ideas, drawings, opinions, messages, eyewitness accounts or
any other materials, or engaging in any other form of communication (a
"Submission") through the Web sites, you are granting Forces365.com and
its affiliated companies a royalty free, irrevocable, perpetual,
non-exclusive, unrestricted, worldwide license to (i) use, copy,
sublicense, adapt, transmit, distribute, publicly perform or display
any such Submission, and (ii) sublicense to third parties the
unrestricted right to exercise any of the foregoing rights granted with
respect to such Submission. The foregoing grants shall include the
right to exploit any proprietary rights in such Submission, including
but not limited to rights under copyright, trademark, service mark, or
patent laws in any relevant jurisdiction. You release Forces365.com.
from any and all claims or liability (now known or hereafter arising)
in connection with any Submission made by you, and agree to indemnify
Forces365.com in connection therewith. You agree and acknowledge that
participation in the Forces365.com site shall not give rise to any
confidential, fiduciary, implied-in-fact, implied-in-law, contractual
or other special relationship between you and Forces365.com (other than
the relationship between Forces365.com and you entered into by virtue
of your agreement to these Terms of Service).
B. You
acknowledge and agree that the content presented to you through the
service or advertisers is protected by copyright, trademarks, service
marks, patents or other proprietary rights and laws. Except as
expressly authorized by Forces365.com or advertisers, you agree not to
modify, rent, lease, loan, sell, distribute or create derivative works
based on the content made available through the service, in whole or in
part.
12. Copyright Issues
All content on the
Forces365.com Web sites is protected under U.K copyright laws. You may
download one copy of the content of Forces365.com's Web sites to any
single computer for your personal, non-commercial home use only,
provided that you keep intact all copyright and other proprietary
notices. You may not otherwise license, sell, modify, copy, publish,
distribute or display any content from Forces365.com's Web sites.
If you have a claim of copyright infringement with respect to material
that is posted on Forces365.com's Web sites, please follow the
procedures below:
A. Notice and Procedure for Making Claims of Copyright Infringement
1. Written notification must be submitted to the following Designated Agent to Receive Notification of Claimed Infringement:
Forces365 Ltd, Packwood House, Guild Street, Stratford-upon-Avon, CV37 6RP.
2. To be effective, the notification must include the following:
a) A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
b) Identification of the copyrighted work claimed to have been
infringed, or if multiple copyrighted works at a single online Web site
are covered by a single notification, a representative list of works at
that site;
c) Identification of the material that is claimed to be infringing or
to be the subject of infringing activity and that is to be removed or
access to which is to be disabled, and information reasonably
sufficient to permit the service provider to locate the material;
d) Information reasonably sufficient to permit Forces365.com to contact
the complaining party, such as an address, telephone number, and if
available, an electronic mail address at which the complaining party
may be contacted;
e) A statement that the complaining party has a good faith belief that
use of the material in the manner complained of is not authorized by
the copyright owner, its agent, or the law; and
f) A statement that the information in the notification is accurate,
and under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed.
3. Upon receipt of the written notification containing the information as outlined in paragraphs a) through f) above:
- Forces365.com shall remove or disable access to the material that is
alleged to be infringing and shall forward the written notification to
such alleged infringer;
- Forces365.com shall take reasonable steps to promptly notify the
alleged infringer that it has removed or disabled access to the
material.
B. Counter Notification
1. A person who receives a notification of alleged copyright
infringement, and believes that the claim is erroneous, may submit a
counter notification to Forces365.com's Designated Agent.
2. To be effective, a counter notification must be a written communication that includes substantially the following:
a) A physical or electronic signature of the person submitting the counter notification;
b) Identification of the material that has been removed or to which
access has been disabled and the location at which the material
appeared before it was removed or access to it was disabled;
c) A statement under penalty of perjury that the person submitting the
counter notification has a good faith belief that the material was
removed or disabled as a result of mistake or misidentification of the
material to be removed or disabled;
d) The person's name, address, and telephone number, and a statement
that the person will accept service of process from the complaining
party or an agent of such person.
3. Upon receipt of a counter notification containing the information as outlined in paragraphs a) through d) above:
- Forces365.com shall promptly provide the complaining party with a copy of the Counter Notification;
- Forces365.com shall inform the complaining party that it will replace
the removed material or cease disabling access to it within ten (10)
business days;
- Forces365.com shall replace the removed material or cease disabling
access to the material within ten (10) to fourteen (14) business days
following receipt of the counter notification, provided Forces365.com's
Designated Agent has not received notice from the complaining party
that an action has been filed seeking a court order to restrain alleged
infringer from engaging in infringing activity on Forces365s.com's Web
sites.
13. Modifications to Service
Forces365.com
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 Forces365.com shall not
be liable to you or to any third party for any modification, suspension
or discontinuance of the Service.
14. Termination
You
agree that Forces365.com, in its sole discretion, may terminate your
password and User Name and/or use of the service, and may remove and
discard any content within the service, for any reason, including,
without limitation, if Forces365.com believes that you have violated or
acted inconsistently with the letter or spirit of the TOS. 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 Forces365.com may immediately deactivate or delete your
password and User Name and all related information and files associated
with it and/or bar any further access to such files or the service.
Further, you agree that Forces365.com shall not be liable to you or any
third party for any termination of your access to the service.
15. International Use
By
choosing to access Forces365.com's Web sites from any location other
than the United Kingdom, you accept full responsibility for compliance
with all local laws. You are also subject to United Kingdom export
controls and are responsible for any violations of United Kingdom
embargoes or other rules and regulations restricting exports.
16. Governing Law
These
Terms of Service shall be governed by and interpreted in accordance
with the laws of the United Kingdom, without regard to their principles
of conflicts of law.
17. Severability
If any part
of these Terms of Service is found by a court of competent jurisdiction
to be invalid or unenforceable, it will be replaced with language
reflecting the original purpose in a valid and enforceable manner. The
enforceable sections of these Terms will remain binding upon the
parties.
18. Entire Agreement
This constitutes
the entire agreement between you and Forces365.com.com with respect to
your use of Forces365.com's Web sites and supersedes all prior or
contemporaneous communications and proposals between you and
Forces365.com.
19. 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.