Acceptance of terms
Welcome to UniCycle-It.com (“UniCycle-It”).
UniCycle-It provides a collection of online resources including classified
advertisements and various e-mail services (“the Services”)
subject to these Terms and Conditions of Use (“Terms”) which
govern your use of our site. By the use of our site you confirm that
you have read and agreed to these Terms. Please read them carefully.
These Terms constitute a binding contract regarding your use of UniCycle-It.com.
If you do not agree with these terms, please exit the UniCycle-It web
site.
UniCycle-It is soley for the use by
students at universities and alumni of universities within the UK who become members by registering
their username and password with UniCycle-It. Once registered you must use
every effort to keep your password safe and you agree not to disclose
it to any other person nor sell transfer or otherwise allow any other
person to utilise your ID or password. UniCycle –It reserves the
right to terminate your membership and deny you access to our site if
you violate these Terms.
UniCycle-It may modify suspended discontinue or restrict the use of
this site including the availability of any portion of its contents
at any time without notice or liability. UniCycle-It may deny access
to any person or user at any time for any reason.
Should you find any part of these Terms, or any subsequent modifications
thereto, unacceptable, or become dissatisfied with UniCycle-It in anyway,
your only recourse is to immediately discontinue use of our site.
Effective Date.
These Terms are effective as of 1st April 2005. UniCycle-It reserves
the right to change these terms at any time in its discretion and to
notify users of any such changes solely by changing these terms. Your
continued use of UniCycle-It after the posting of any amended Terms
shall constitute your agreement to be bound by any such changes. Your
use of this site prior to the time these Terms were changed will be
governed according to the Terms that applied at the time of your use.
Using our web site
Access to the site is restricted to members only. Before placing an advertisement or using any of the Services offered on our site, please read the General Disclaimer and Limitation of Liability section in these Terms. In addition to these Terms, the following applies to all advertisements placed with UniCycle-It.
By providing information to, communicating with, and/or placing material, posting messages, text, files, images, photos, video sources or the offer of the provision of any services, by the placing of any classified advertisement (collectively “the Content”) on our website you represent and warrant:-
(1) you own or otherwise have all necessary rights, capacities, licenses, authorities, and necessary valid insurances to enable you to sell or (as the case may be) provide the services described in the Content you provide and the rights to use it or offer it for use as provided in these Terms; and,
(2) the Content you provide is true, accurate, current and complete, and does not violate these Terms; and,
(3) the Content will not cause injury to any person or legal entity; and,
(4) that you will remove the Content from our website one month after any sale has been made, or any service offered has been provided (as the case may be); and,
(5) that you will not use a name other than your own legal name.
Please note that UniCycle-It.com does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its Content or programming in any media to materials or ideas transmitted to our site. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and that you are waiving any claim against UniCycle-It and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
All Content, services and software displayed on, transmitted through, or used in connection with UniCycle-It, as well as its selection and arrangement, is owned by UniCycle-It and its affiliated companies, licensors and suppliers. You may use the Content online only, and save for the case of commercial members solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content save for the case of commercial members solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content.
Permitted Use
If you operate a Web site and wish to link to UniCycle-It, you may do so provided you agree to cease such link upon request from UniCycle-It. No other use is permitted without prior written permission of UniCycle-It The permitted use described in this Paragraph is contingent on your compliance at all times with these Terms.
You may not, for example, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through UniCycle-It, not to insert any code or product or manipulate the Content in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method.
Requests to use Content for any purpose other than as permitted in these Terms should be directed to enquiries@UniCycle-It.com. In certain cases, you may be able to obtain a license to use individual stories that appear on UniCycle-It.com through online functionality we have specifically designated (e.g., to e-mail a story to a friend or to purchase the rights to reproduce a story for other use). In such cases, we will tell you directly in the portion of the Content you may license or you will see a link in the Content itself. If you do not seek such authorization or link, you should assume no third party has the right to allow you to use the Content.
Intellectual Property.
UniCycle-It respects the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on UniCycle-It, please contact us at the address listed below under the heading "Contact Us."
Communications with Third Parties.
Your dealings or communications through UniCycle-It with any party other than UniCycle-It are solely between you and that third party. For example, certain areas of UniCycle-It may allow you to communicate with third parties. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will UniCycle-It be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be forwarded directly to the third party.
Restrictions
You agree not to post, email, or otherwise make available Content:
· that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms minors in any way;
. that purports to sell alcohol, food, drugs, pharmaceuticals or tobacco products of any kind;
· that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
· that impersonates any person or entity, including, but not limited to, a UniCycle-It employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
· that includes personal or identifying information about another person without that person's explicit consent.
· that is false, deceptive, misleading, deceitful, or contains misinformation,
· that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
· that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement.
· that constitutes or contains any form of advertising or solicitation if (1) posted in areas of the UniCycle-It sites which are not designated for such purposes; or (2) emailed to UniCycle-It users who have requested not to be contacted about other services, products or commercial interests.
· that includes links to or promotes commercial services or ventures, web sites or events owned or operated by any person other than yourself.
· that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated English law.
· that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
· that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
· that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
· contact anyone who has asked not to be contacted;
· "stalk" or otherwise harass anyone;
· collect personal data about other users for commercial or unlawful purposes;
· use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - exception is made for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
· post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
· post the same item or service in more than one classified category or forum, or in more than one metropolitan area; or
· attempt to gain unauthorized access to UniCycle-It’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or our website
Responsibility for Errors.
UniCycle-It is not responsible for errors made by you in submitting Content. If there is an error in Content, it is your responsibility to go online and modify it. If you detect other errors in any Content you should contact UniCycle-It immediately via email to enquiries@UniCycle-It.com.
Limitations on Service
You acknowledge that UniCycle-It may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that UniCycle-It has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that UniCycle-It reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that UniCycle-It shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that UniCycle-It, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if UniCycle-It believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that UniCycle-It shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
General Disclaimer and Limitation of Liability
While UniCycle-It uses reasonable efforts to include accurate and up-to-date
information, we make no warranties or representations as to the accuracy
of the Content and assume no liability or responsibility for any error
or omission or illegality in the Content. The Company does not represent
or warrant that use of any Content will not infringe rights of third
parties. The Company has no responsibility for actions of third parties
or for content provided or posted by others.
Use of UniCycle-It is at your own risk and neither the Company, nor
any of their affiliated or related companies, nor any of the employees,
agents, content providers or licensors of any of them, makes any representation
or warranty of any kind regarding UniCycle-It, the Content, any advertising
material, information, products or services available on or through
UniCycle-It, and/or the results that may be obtained from use of UniCycle-It
or such content or services. All express or implied warranties, including
without limitation warranties of merchantability and fitness for a particular
purpose, warranties against infringement, and warranties UniCycle-It.com
will meet your requirements, be uninterrupted, timely, secure or error
free, are specifically disclaimed. The Company and its affiliates are
not responsible or liable for content posted by third parties, actions
of any third party, or for any damage to, or virus that may infect,
your computer equipment or other property. Some jurisdictions do not
allow the disclaimer of implied warranties. In such jurisdictions, some
of the foregoing disclaimers may not apply to you insofar as they relate
to implied warranties.
Where UniCycle-It contains facts, views, opinions,
statements and recommendations of third party individuals and organizations,
the Company does not represent or endorse the accuracy, correctness,
legality or reliability of any advice, opinion, statement or other information
displayed, uploaded or distributed through UniCycle-It. Any reliance
upon any such opinion, advice, statement or information is at your sole
risk. Some jurisdictions do not allow the disclaimer of implied warranties.
In such jurisdictions, some of the foregoing disclaimers may not apply
to you insofar as they relate to implied warranties.
In no event shall the Company or its affiliates, employees, agents,
content providers or licensors be liable for any indirect, consequential,
special, incidental or punitive damages including, without limitation,
damages related to unauthorized access to or alteration of your transmissions
or data, the content or any errors.
Indemnity
You agree to indemnify, defend and hold harmless the Company, each of
their respective partners, suppliers, licensors, officers, directors,
shareholders, employees, representatives, contractors and agents, from
any and all claims (including, but not limited to, claims for defamation,
trade disparagement, privacy and intellectual property infringement)
and damages (including solicitors’ fees and court costs) arising
from or relating to any allegation regarding:
(1) your use of UniCycle-It;
(2) UniCycle-It’s use of any content or information you provide,
as long as such use is not inconsistent with this agreement;
(3) information or material posted or transmitted through your membership
account, even if not posted by you; and,
(4) any violation of this agreement by you.
International Users
UniCycle-It is controlled, operated and administered by the Company
solely for the use by students of UK based universities. The
Company makes no representation that materials or Content available
through UniCycle-It are appropriate or available for use at UK based universities and access to them from territories where their
contents are illegal is prohibited. If you access UniCycle-It from a
location outside the United Kingdom, you are responsible for compliance
with all applicable laws.
General information.
The Terms constitute the entire agreement between you and the Company
and govern your use of the Service, superceding any prior agreements
between you and the Company. The Terms and the relationship between
you and the Company shall be governed English Law. You and the Company
agree to submit to the personal and exclusive jurisdiction the English
courts. The failure of the Company to exercise or enforce any right
or provision of the Terms shall not constitute a waiver of such right
or provision. If any provision of the Terms 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 Terms remain
in full force and effect. You agree that regardless of any statute or
law to the contrary, any claim or cause of action arising out of or
related to use of the Service or the Terms must be filed within one
(1) year after such claim or cause of action arose or be forever barred.
Violations of Terms and Liquidated Damages
Please report any violations of the Terms, by flagging the posting(s)
for review, or by emailing to enquiries@UniCycle-It.com. Our failure
to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to
quantify, if actual damages cannot be reasonably calculated then you
will be liable to pay the Company liquidated damages as follows:
a. If you post a message that (1) impersonates any person or entity;
(2) falsely states or otherwise misrepresents your affiliation with
a person or entity; or (3) that includes personal or identifying information
about another person without that person's explicit consent, you agree
to pay the Company one thousand pounds (£1,000) for each such
message.
b. If UniCycle-It establishes limits on the frequency with which you
may access the Service, or terminates your access to or use of the Service,
you agree to pay the Company one hundred ponds (£100) for each
message posted in excess of such limits or for each day on which you
access UniCycle-It in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to UniCycle-It email
addresses or through UniCycle-It computer systems, you agree to pay
the Company twenty five ponds (£25) for each such email.
d. If you post messages in violation of these Terms, other than as described
above, you agree to pay the Company one hundred pounds (£100)
for each such message. In its sole discretion, the Company may elect
to issue a warning before assessing damages.
Otherwise, you agree to pay the Company's actual damages, to the extent
such actual damages can be reasonably calculated.
General
If any provision of these Terms are held to be invalid or unenforceable,
such provision shall be struck out and the remaining provisions shall
be enforceable. You agree that these Terms and all incorporated agreements
may be automatically assigned by the Company, in its sole discretion,
to a third party in the event of a merger or acquisition or any other
event. You and the Company are independent contractors, and no agency,
partnership, joint venture, employee-employer or franchisor-franchisee
relationship is intended or created by these Terms. Headings are for
reference purposes only and in no way define, limit, construe or describe
the scope or extent of such section. Our failure to act with respect
to a breach by you or others does not waive our right to act with respect
to subsequent or similar breaches. These Terms set forth the entire
understanding and agreement between us with respect to its subject matter.
No oral explanation or oral information given by any party shall alter
the interpretation of these Terms.
Contact Us
If you need to notify us of any infringing material or any infringement
of the Terms please contact us at enquiries@UniCycle-It.com
UniCycle-It.Com 1st December 2005 (Revision 3)