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Terms and Conditions
1. ACCEPTANCE OF TERMS
Synergy Knowledge Systems provides its service to you, subject to the
following Terms and Conditions ("T&C"), which may be updated
by Synergy Knowledge Systems from time to time without notice to you.
You should review the T&C periodically for changes.
In addition, when using particular Synergy Knowledge Systems services,
you and Synergy Knowledge Systems shall be subject to any guidelines and
rules applicable to such services which may be posted by Synergy Knowledge
Systems from time to time. All such guides and rules are hereby incorporated
by reference into the T&C. In most cases the guides and rules are
specific to a particular part of the Service and will assist you in applying
the T&C to that part, but to the extent of any inconsistency between
the T&C and any guide or rule, the T&C will prevail. Synergy Knowledge
Systems 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
Synergy Knowledge Systems currently provides users with access to a rich
collection of on-line resources, including, various communications tools,
shopping services, personalised 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 Synergy Knowledge Systems properties,
shall be subject to the T&C. You acknowledge and agree that the Service
is provided "AS IS" and that Synergy Knowledge Systems 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 Synergy Knowledge
Systems has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, Synergy Knowledge Systems 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).
Synergy Knowledge Systems 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, (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. SYNERGY KNOWLEDGE SYSTEMS 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.
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 Synergy Knowledge Systems 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.
Synergy Knowledge Systems 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 Synergy Knowledge Systems are entirely responsible for all Content
that you upload, post, email or otherwise transmit via the Service. Synergy
Knowledge Systems does not control the Content posted via the Ser vice
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 Synergy Knowledge Systems 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, tortuous, 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
Synergy Knowledge Systems 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, regulation s promulgated by any securities
exchange;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that Synergy Knowledge Systems does not pre-screen Content,
but that Synergy Knowledge Systems 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 te Service. Without limiting the foregoing,
Synergy Knowledge Systems and its designees shall have the right to remove
any Content that violates the T&C 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 Synergy Knowledge Systems or submitted
to Synergy Knowledge Systems including without limitation information
in all other parts of the Service.
You acknowledge and agree that Synergy Knowledge Systems may preserve
Content and may also disclose 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 Synergy Knowledge
Systems or its affiliated companies, and/or (c) if required to do so by
law or in the good faith belief that any such preservation or disclosure
is reasonably necessary to: (d) comply with legal process; (e) enforce
the T&C; (f) respond to claims that any Content violates the rights
of third-parties; or (g) protect the rights, property, or personal safety
of Synergy Knowledge Systems 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. Synergy Knowledge Systems 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 Synergy Knowledge Systems property,
you are bound by the Terms of Service and applicable laws governing that
Synergy Knowledge Systems property.
8. PUBLIC CONTENT POSTED TO SYNERGY KNOWLEDGE SYSTEMS
(a) For purposes of the T&C, "publicly accessible areas"
of the Service are those accessible by the general public.
(b) With respect to Content you elect to post for inclusion in publicly
accessible areas of Synergy Knowledge Systems Groups or that consists
of photos or other graphics you elect to post to any other publicly accessible
area of the Service, you grant Synergy Knowledge Systems 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 Synergy Knowledge Systems 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 Synergy Knowledge Systems 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 Synergy Knowledge Systems 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 T&C, 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 Synergy Knowledge Systems 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 Yahoo'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 Synergy Knowledge Systems
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 Synergy Knowledge Systems reserves
the right to log off accounts that are inactive for an extended period
of time. You further acknowledge that Synergy Knowledge Systems 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
Synergy Knowledge Systems 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 Synergy Knowledge
Systems 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 Synergy Knowledge Systems in its sole discretion, may terminate
your password, account (or any part thereof) or use of the Service, and
remove and discard any Content within the Service, for any reason, including,
without limitation, for lack of use or if Synergy Knowledge Systems believes
that you have violated or acted inconsistently with the letter or spirit
of the T&C. Synergy Knowledge Systems 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 T&C may be effected without
prior notice, and acknowledge and agree that Synergy Knowledge Systems
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 Synergy Knowledge Systems 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) Synergy Knowledge
Systems 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 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 Synergy Knowledge Systems has
no control over such sites and resources, you acknowledge and agree that
Synergy Knowledge Systems 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 Synergy Knowledge Systems 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. SYNERGY KNOWLEDGE SYSTEMS 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 law s. 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 Synergy Knowledge Systems 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.
Synergy Knowledge Systems 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 Synergy Knowledge Systems 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 TH E FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, SYNERGY KNOWLEDGE SYSTEMS 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 Q UALITY, 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. SYNERGY KNOWLEDGE SYSTEMS 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 WIL L BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTA INED 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 SYNERGY KNOWLEDGE SYSTEMS OR THROUGH OR FROM THE SERVICE SHALL CREATE
ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE T&C.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SYNERGY KNOWLEDGE SYSTEMS SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, C ONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OT HER INTANGIBLE LOSSES (EVEN IF SYNERGY
KNOWLEDGE SYSTEMS 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 T&C MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE
OF ACTION AROSE OR B E 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 T&C 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 SYNERGY KNOWLEDGE SYSTEMS.
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.
Synergy Knowledge Systems 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 T&C or other matters by
displaying notices or links to notices to you generally on the Service.
22. TRADEMARK INFORMATION
Synergy Knowledge Systems, the Synergy Knowledge Systems logo, and other
Synergy Knowledge Systems logos and product and service names are copyright
of Synergy Knowledge Systems. Without Synergy Knowledge Systems’s
prior permission, you agree not to display or use in any manner, the Synergy
Knowledge Systems Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
Synergy Knowledge Systems 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 T&C (including the guides and rules referred to herein) constitute
the entire agreement between you and Synergy Knowledge Systems and govern
your use of the Service, superseding any prior agreements between you
and Synergy Knowledge Systems 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 T&C and the relationship between
you and Synergy Knowledge Systems shall be governed by the laws of Scotland.
You and Synergy Knowledge Systems agree to submit to the exclusive jurisdiction
of the Scottish courts. Any failure by Synergy Knowledge Systems to exercise
or enforce any right or provision of the T&C shall not constitute
a waiver of such right or provision. If any provision of the T&C 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 T&C remain in full force and effect.
The section titles in the T&C are for convenience only and have no
legal or contractual effect.
25. VIOLATIONS
Please report any violations of the T&C to Synergy Knowledge Systems.
Updated 24th September 03
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