Nerja.co.uk Web Site Agreement
The www.Nerja.co.uk Web Site (the "Site") is an online information
service provided by Nerja.co.uk ("www.Nerja.co.uk "), subject
to your.co.ukpliance with the terms and conditions set forth below. PLEASE READ
THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR
USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH
BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY
NOT ACCESS OR USE THE SITE. www.Nerja.co.uk MAY MODIFY THIS AGREEMENT AT
ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING
OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY
TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE
SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and
trademark laws. The owner of the copyrights and trademarks are www.Nerja.co.uk,
its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE,
REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL
ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and
download portions of material from the different areas of the Site solely for
your own non-commercial use provided that you agree not to change or delete
any copyright or proprietary notices from the materials. You agree to grant
to www.Nerja.co.uk a non-exclusive, royalty-free, worldwide, perpetual license,
with the right to sub-license, to reproduce, distribute, transmit, create derivative
works of, publicly display and publicly perform any materials and other information
(including, without limitation, ideas contained therein for new or improved
products and services) you submit to any public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail to www.Nerja.co.uk by all means
and in any media now known or hereafter developed. You also grant to www.Nerja.co.uk
the right to use your name in connection with the submitted materials and other
information as well as in connection with all advertising, marketing and promotional
material related thereto. You agree that you shall have no recourse against
www.Nerja.co.uk for any alleged or actual infringement or misappropriation
of any proprietary right in your communications to www.Nerja.co.uk.
TRADEMARKS.
Publications, products, content or services referenced herein or on the Site
are the exclusive trademarks or servicemarks of www.Nerja.co.uk. Other product
and company names mentioned in the Site may be the trademarks of their respective
owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified
as being supplied by www.Nerja.co.uk, www.Nerja.co.ukdoes not operate,
control or endorse any information, products or services on the Internet in
any way. Except for www.Nerja.co.uk- identified information, products or
services, all information, products and services offered through the Site or
on the Internet generally are offered by third parties, that are not affiliated
with www.Nerja.co.uk a. You also understand that www.Nerja.co.uk cannot
and does not guarantee or warrant that files available for downloading through
the Site will be free of infection or viruses, worms, Trojan horses or other
code that manifest contaminating or destructive properties. You are responsible
for implementing sufficient procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.
www.Nerja.co.uk PROVIDES THE SITE AND RELATED INFORMATION "AS IS"
AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT,
OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE)
WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND www.Nerja.co.uk SHALL
NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM
ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND
OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
www.Nerja.co.uk DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED
OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR
ACCESS TO SUCH MATERIALS IS AT YOUR RISK. www.Nerja.co.uk HAS NO CONTROL
OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL www.Nerja.co.uk BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF www.Nerja.co.uk OR ITS AUTHORIZED REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE
TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS
OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, www.Nerja.co.uk
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
www.Nerja.co.uk makes no representations whatsoever about any other web
site which you may access through this one or which may link to this Site. When
you access a non-www.Nerja.co.uk web site, please understand that it is
independent from www.Nerja.co.uk, and that www.Nerja.co.uk has no control
over the content on that web site. In addition, a link to a www.Nerja.co.uk
web site does not mean that www.Nerja.co.uk endorses or accepts any responsibility
for the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless www.Nerja.co.uk, its
officers, directors, employees, agents, licensors, suppliers and any third party
information providers to the Service from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from any
violation of this Agreement (including negligent or wrongful conduct) by you
or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification)
are for the benefit of www.Nerja.co.uk and its officers, directors, employees,
agents, licensors, suppliers, and any third party information providers to the
Service. Each of these individuals or entities shall have the right to assert
and enforce those provisions directly against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice at any time
for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea
Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights)
and 6 (Miscellaneous) shall survive any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws
of The United Kingdom applicable to agreements made and to be performed in The
United Kingdom. You agree that any legal action or proceeding between www.Nerja.co.uk
and you for any purpose concerning this Agreement or the parties' obligations
hereunder shall be brought exclusively in a federal or state court of competent
jurisdiction sitting in The United Kingdom . Any cause of action or claim you
may have with respect to the Service must be commenced within one (1) year after
the claim or cause of action arises or such claim or cause of action is barred.
www.Nerja.co.uk's failure to insist upon or enforce strict performance of
any provision of this Agreement shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the parties nor trade practice
shall act to modify any provision of this Agreement. www.Nerja.co.uk may
assign its rights and duties under this Agreement to any party at any time without
notice to you.
Any rights not expressly granted herein are reserved. |