Terms of Use

Thank you for using the XRH Club www.xrhgb.com  (the "Web Site") which is provided by the XRH Club (the "Club").
This page states the Terms and Conditions (the "Terms" or the "Agreement") under which you may use this Web Site. Please read this page carefully. By accessing and using this Web Site you accept and agree to be bound, without limitation or qualification, by these Terms. The Club may, at its sole discretion, modify or revise these Terms at any time by updating this posting. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms. By using the Web Site after we have made any modification or revision, you agree to be bound by the revised terms. If you do not accept any of these Terms stated here, please do not use the Web Site. The Club retains the right to deny access to anyone at its complete discretion for any reason including violation of these Terms.

Section 1. Use of Material.
You must be over eighteen years of age to access the Web Site. If you are over eighteen, the Club authorizes you to view  the material on the Web Site solely for your personal, non-commercial use. Special rules may apply to the use of certain software and other items provided on the Web Site. Any such special rules are listed as "Legal Notices" on this Web Site and are incorporated into this agreement by reference.
When you contribute material to the club, you are not giving us exclusive use of it. You still retain any rights you previously held, but you are giving non-exclusive license under -Sharealike 3.0 Unported License (CC-BY-SA) and the GNU Free Documentation License (GFDL) (unversioned, with no invariant sections, front-cover texts, or back-cover texts). Note that there is no way to say "you can use this in the club, but not anywhere else or in derivative works."                                            
The contents of this Web Site, such as text, graphics, images, audio, video, and all other material ("Material"), are protected by copyright under United Kingdom laws, and are owned and controlled by the Club and are owned or controlled by the owners that has licensed their Material to the Club. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute or otherwise use this Material in any way for any public or commercial purpose. The use of the Material on any other Web Site or in a networked computer environment for any purpose is prohibited, without the expressed written permission of the Club. The trademarks, logos, and service marks ("Marks") displayed on the Web Site are owned by the Club. You are prohibited from the use of those Marks without the expressed written permission of the Club. If you violate any of these Terms, your permission to use the material automatically terminates and you must immediately destroy any copies you have made of the Material.

Section 2. Club's Liability.
The Material may contain inaccuracies or typographical errors. The Club makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Web Site and the Material. You expressly agree that any use of the Web Site and the Material is solely at your own risk. Changes are periodically made to the Web Site and may be made at anytime. Some Material on the Web Site is provided by third parties. You expressly agree that the Club is not liable or responsible for any defamatory, offensive, or illegal conduct of any subscribers or third parties.

THE CLUB DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE OR ITS SERVER IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOU’RE USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE CLUB IS NOT RESPONSIBLE FOR THOSE COSTS.

THE WEB SITE AND THE MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE CLUB AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. THE CLUB AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, AND LINKS.

Section 3. Disclaimer of Certain Liability.
IN NO EVENT SHALL THE CLUB, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS WED SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR ABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY OR CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE CLUB IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Section 4. User Submissions.
Generally, any communication which you post to the Web Site (whether on message boards, submissions, or otherwise) is considered to be non-confidential. If particular Web pages permit the submission of communications which will be treated by the Club as confidential, that fact will be stated on those pages.

The Club does not control the information delivered to the message board, and the Club has no obligation to monitor such information. As a user, you are responsible for your own communications and submissions and are responsible the consequences of their posting. Terms that are directly applicable to use of such Forums include the following:

1.        You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, communications, or other materials ("Content"), whether publicly posted or privately transmitted, that you submit to any of the Forums are your sole responsibility. This means that you. and not the Club, are entirely responsible for all content that you upload, post, email, or otherwise transmit via the Forums.

2.        The Club does not endorse or control the Content delivered to the Web Site, and the Club has no obligation to monitor such Content. As such, the Club does not guarantee the accuracy, integrity, or quality of any such Content. However, reserves the right (but not the obligation) in its sole discretion to edit, refuse to post or to delete any Content, in whole or in part, that is in violation of these Terms or that it deems to be objectionable or unacceptable for any reason whatsoever.

3.        The Club further reserves the right at all times to preserve any Content or to disclose any Content as necessary to satisfy any law, regulation or government request or any good faith belief that such preservation or disclosure is necessary to (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Club, its users, and the public.

4.        You understand that by using the Web Site, including its Forums, that you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will the Club be liable in any way for any Content, including, but not limited to, for any omissions or errors 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 Web Site, including its Forums.

5.        It is a condition of your access and use of this Web Site that you do not:

a.        Restrict or inhibit any other user from using and enjoying this Web Site;

b.        Harm minors in any way;

c.        Impersonate any person or entity, including, but not limited to, an employee or representative of the Club, 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 by means of this Web Site;

e.        Upload, post, email, or otherwise distribute, publish, or transmit on this Web Site 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 non-disclosure agreements);

f.         Upload, post, email, or otherwise distribute, publish, or transmit on this Web Site any unlawful, harmful, threatening, abusive, harassing, invasive of another's privacy, libellous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind. including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or foreign law;

g.        Upload, post, email, or otherwise distribute, publish, or transmit on this Web Site any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by patent, copyright, trademark, trade secret or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right-holder;

h.        Upload, post, email, or otherwise distribute, publish, or transmit on this Web Site any information, software, or other material which contains a virus 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, or any other harmful component;

i.          Upload, post, email, or otherwise distribute, publish, or transmit on this Web Site or in any way exploit any information, software or any other material for commercial purposes or which contains any form of solicitation (including, but not limited to, "junk mail", "spam", "chain letters", and "pyramid schemes"), advertising, promotion or marketing for goods or services;

j.          Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Web Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;

k.        Interfere with or disrupt the Web Site or servers or networks serving the Web Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Web Site;

l.          Intentionally or unintentionally violate any applicable local,  national, or international law. and any regulations having the force of law;

m.       "Stalk" or otherwise harass another; or

n.        Collect or store personal data about other users.

6.        You warrant that any materials you upload, post, email, or otherwise distribute, publish, or transmit on this Web Site contains nothing that will give rise to civil liability or otherwise violate any local, state, national, or foreign law, including nothing that is harmful, threatening, abusive, harassing, invasive of another's privacy or publicity rights, defamatory, obscene, vulgar, pornographic, profane or indecent, or that constitutes an infringement of anyone's patent, copyright, trademark, trade secret or other proprietary right, or derivative rights with respect thereto.

The Club does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other Users or endorse any opinions expressed by the Users. You acknowledge that any reliance on material posted by other Users will be at your own risk. The Club does not screen communications in advance and is not responsible for screening or monitoring material posted by the Users. If notified by a User of communications which allegedly do not conform to any Term of this Agreement, the Club may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Club has no liability or responsibility to Users for performance or non-performance of such activities. The Club reserves he right to expel Users and prevent their further access to the Web Site for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive.

Section 5. Links to Other Sites.
The Web Site contains links to third party web sites that are maintained by others. These links are provided solely as a convenience to you and not as an endorsement by the Club of the contents of such third-party web sites. The Club is not responsible for the content of linked third-party web sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.

Section 6. Licenses.
All software that is made available for downloading from the Web Site ("Software") is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated "Legal Notice" accompanying such software ("License Agreement"). The downloading and use of such software is conditioned on agreement to be bound by the terms of the License Agreement.

Subject to the foregoing paragraph or as otherwise expressly provided, nothing within the Web Site shall be construed as conferring any license under any of the Club's or any third party's intellectual property rights, whether by implication or otherwise.

Section 7. Limitation of Liability.
Your use of the Web Site is at your own risk. If you are dissatisfied with any of the Materials or other contents of the Web Site or with these Terms and Conditions, your sole remedy is to discontinue use of the Web Site.

UNDER NO CIRCUMSTANCES SHALL THE CLUB BE LIABLE TO ANY USER ON ACCOUNT THAT USER'S USE OF THE WEB SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF ANY AND ALL DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM ANY USE OF THE WEB SITE, INCLUDING ANY DAMAGES THAT MAY BE INCURRED BY THIRD PARTIES.

Section 8. Indemnity.
You agree to defend, indemnify, and hold harmless the Club, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material (including Software), or your breach of the terms of this Agreement. The Club shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.

Section 9. Export Control.
The United Kingdom controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials (including Software) to countries or persons prohibited under the export control laws. By downloading the Materials (including Software), you are agreeing that you are not in a country where such export is prohibited You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Product.

Section 10. User Information.
The Club may use the information it obtains from you, including your IP address, name, mailing address, email address and use of the Web Site, for its internal business and marketing purposes and may disclose the information to third parties for such purposes.

Section 11. Minors.
The Web Site contains material that may not be appropriate for children. If there is a concern by parents that children may visit the Web Site, the Club recommends using parental control software. Please be advised that the Club endorse any one parental control software package. While no parental software package replaces careful supervision of Internet use by children, these tools can be a helpful addition to your Suite of Internet applications.

Section 12. General.
The Club makes no claims that the Materials are appropriate for any particular purpose or audience, or that they may be downloaded outside of the United Kingdom. Access to the Materials (including Software) may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United Kingdom, you do so at your own risk and are responsible for compliance within the laws of your jurisdiction.

The Web Site is based in the UK. All legal issues arising from or relating to the use of the Web Site shall be construed in accordance with and determined by the laws of the United Kingdom without respect to its conflict of laws principles. By using the Web Site, you agree that the exclusive forum for any such claims or causes of action arising out of your use of this Web Site is the Unites Kingdom Courts.  You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue for any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.

If any provision of the Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any form of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice" for Software or material on particular web pages, this Agreement constitutes the entire Agreement between you and the Club with respect to the use of the Web Site.

 

 

 

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