Terms & Conditions for Every121 Personality Profiles
PLEASE READ THESE TERMS BEFORE PROCEEDING.
By using this website, the user ("user" or "you") agree to the following Terms and Conditions of use. If you do not agree to these terms and Conditions, of use, you should exit the website.
By using the Site, purchasing software or other products, you signify your irrevocable acceptance of these Terms and Conditions. You also agree to ensure that anyone who uses this software on your computer also abides by the Terms and Conditions of use. Every121 has the right to revise the Terms and Conditions at any time without providing notice to its users. Your continued use of the Site shall be deemed irrevocable acceptance of those revisions.
We reserve the right to change, modify, suspend or discontinue any portion of the Site at any time. We may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability.
1. OWNERSHIP
This website is an official website of "Every121"; and is owned and operated by Every121 Limited. This website and all intellectual property rights (including but not limited to rights in the website as a database) in its design, text, graphics, music, audio and the selection and arrangement thereof belong to Every121 Limited or its respective licensors and are protected by international copyright laws . The trade marks, logos and trade names depicted in this website are proprietary to Every121 Limited or third party licensors and any trade marks, logos and brand names of other third party licensors.
2. LIMITED LICENCE; RESTRICTIONS
You are granted a limited licence to download the materials contained on this website to a single personal computer, and to print a hard copy of the materials contained on this website, solely for personal, non-commercial use, and provided all copyright, trade mark and other proprietary notices are left intact.
Use of the materials contained on this website on any other internet site or publication is strictly prohibited. The grant of this limited licence is conditional upon your agreement to and compliance with all these terms of use. Any other use of any of the materials on this website including reproduction (for any purposes other than those noted above), modification, distribution, or republication, without the prior written permission of Every121 Limited is strictly prohibited, and is a violation of Every121's (and/or its licensor(s) intellectual property rights).
3. LIMITATION OF LIABILITY, WARRANTIES AND DISCLAIMERS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER EVERY121 LIMITED NOR ANY OF ITS DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS IN AND/OR FACILITIES OR SERVICES OFFERED THROUGH THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF EVERY121 LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND/OR SUCH LOSS OR DAMAGE WERE REASONABLY FORESEEABLE.
IN NO EVENT WILL EVERY121'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE. THE ABOVE EXCLUSIONS AND LIMITATIONS OF LIABILITY SHALL NOT APPLY IN RESPECT OF LIABILITY IN NEGLIGENCE FOR DEATH OR PERSONAL INJURY.
Except as expressly provided otherwise in a written agreement between you and Every121 Limited, the materials in or purchased through this site are provided "as is" and without warranties of any kind either express or implied. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Every121 does sell its services to children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Every121's web-site only with involvement of a parent or guardian.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Without limitation of the foregoing, you acknowledge that as a service to users of the Every121 service, we include links to other web sites on the world wide web portion of the internet and that Every121 Ltd. has no control over, and makes no representations of any kind whatsoever, regarding the content or appropriateness of content on such web sites and you hereby irrevocably waive any claim against us with respect to such web sites.
If you download any software from this website, the software, including but not limited to any images or files incorporated in or generated by the software, and data accompanying the software (collectively, the "Software"), the downloading of any such software shall be subject to the limited licence set out above. Every121 and/or their respective licensors (as the case may be) shall retain all right, title, interest and intellectual property rights in and to the software. You may not distribute, sell, or transmit the software nor alter, modify or adapt the software, including but not limited to translating, decompiling, reverse engineering, disassembling, or creating derivative works therefrom other than to the extent permitted by Applicable law.
In addition, you will not use (other than to the extent permitted by applicable law) any software or other materials (of whatever nature) contained or capable of being downloaded from the website to develop, design, produce, manufacture, sell and/or distribute any product of whatever nature nor will you permit any third party to do any of the above.
4. INFORMATION YOU PROVIDE
Any information you provide to us; for example, during any registration or ordering process you authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and e-mail address ('Personal Information'), in accordance with our privacy policy. You must ensure that the Personal Information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your accurate and complete e-mail address and other requested details as this has a direct bearing and relevance on the profile and information we supply to you. Payment is made using the Worldpay service which is a specialist secure on-line payments processing division of the Royal Bank of Scotland. We undertake not to retain any details of your credit cards at any time following your use of this website, in accordance with our privacy policy, unless specifically requested by you as part of a renewable option.
No Unlawful or Prohibited Use; User Content
As a condition of your use of the site, you warrant to us that you will not use, or permit any third party to use, the site for any purpose that is unlawful or prohibited by these terms. If you violate any of these terms, your permission to use the Sites automatically terminates.
We may offer you the opportunity to contribute your ideas, comments, questions and other communications to or from the web-site in e-mail and other features of the site that may be offered from time to time and may be operated by us or by a third party on our behalf. You shall not (nor cause any third party to) use the site or information provided through the site to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights, such as rights of privacy, of others) or immoral activities or any of the following types of activities, without limitation:
a. disseminating libellous, harmful, vulgar, pornographic, obscene or otherwise objectionable material;b. using any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on the Sites or accessed through the Sites;
c. transmitting information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
d. transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
e. impersonating anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity;
f. advertising or posting any commercial content;
g. interfering with or disrupting the site;
h. disrupting the activities or enjoyment of the site for other users; or
i. collecting or storing personal data about other users. Further, you agree that all User Content you provide will be on-topic, relevant and will not include profanity or any other disruptive or disrespectful behaviour.
5. REFUND POLICY
By using this web site and voluntarily inputting personal information, either your own or that of others, with their consent, no refunds will be given once the information is sent to the requested e-mail address submitted by you, whether or not you agree with the content or any or all of the information supplied. In certain circumstances refunds may be given at the discretion of management. We do not accept any claims for refunds due to the failure of any end-user equipment, personal computer, printer, internet connection or other devices. If our site clearly shows a purchase has been successfully downloaded by a customer no refund is allowed.
6. ACCOUNTS AND SECURITY
In the future and as part of a registration process, each User may be asked to select a password ("Password") and User Name ("User Name"). You shall provide Every121 with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account. You may not (i) select or use a User Name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a User Name that Every121, in its sole discretion, deems inappropriate or offensive.
You shall notify Every121 Ltd., immediately of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for you to be reported to appropriate law-enforcement agencies. It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. Every121 tracks the electronic 'fingerprints' of every order placed on this web-site to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.
7. GOVERNING LAW
This website is controlled and operated by Every121's offices. Every121 Limited excludes all representations and warranties that materials in and/or facilities or services offered through this website are available for use in other locations, or that they comply with any legal or regulatory requirements of such other locations. Those who choose to access this website do so at their own risk and on their own initiative and are responsible for compliance with applicable local laws.
These terms shall be governed by and construed in accordance with Isle of Man law. Any dispute under these terms shall be subject to the exclusive jurisdiction of the Isle of Man courts and, by using this website, you hereby submit to the non-exclusive jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.
8. ELECTRONIC COMMUNICATIONS
When you visit the web-site of Every121 or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. To un-subscribe, please e-mail us with such a request.
9. MISCELLANEOUS
Information on the site does not represent professional advice and you acknowledge and agree that information published by Every121 is intended to provide general information in summary form.
Timeliness of Information:
Every121 Ltd uses reasonable efforts to include accurate and up to date information in the Site. However, since information changes so quickly, Every121 Ltd is unable to make any warranties or representations as to its accuracy. EVERY121 LTD FURTHER ASSUMES NO LIABILITY OR RESPONSIBILITY AS TO THE RELIABILITY, ACCURACY, VALIDITY, TIMELINESS, USEFULNESS OR COMPLETENESS OF ANY INFORMATION ON THE SITE.
If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason then such provision shall be ineffective to the extent of the court's finding without affecting the validity and enforceability of any remaining provisions.