Terms and Conditions
1 General
1.1 The service (called "the Site" or "Prozolio" ) is operated by TWK Media Limited ("we", "us", "the site" or "the Company" or "prozolio.com"). For the purpose of this agreement, information posted to the site by users, including but not limited to text, graphics, photographs, video and files and information of any kind shall be referred to as "User Content".
2 Purpose and scope of these terms
2.1 Please read these terms carefully as they govern the scope of our respective responsibilities and liabilities. By accessing our Site, you will be deemed to have accepted these Legal Terms and Conditions in Full.
THIS MEANS THAT IF YOU DON'T ACCEPT THESE TERMS, YOU SHOULD LEAVE THE SITE NOW.
2.2 We will revise this Legal Notice from time to time. Therefore, if you use this site, you should check this page each time you access it as the terms may change and it is binding upon you.
3 Limit of Liability
3.1 It is self-evident that a business or person can give a good service one day and a poor one the next. Prozolio therefore cannot be responsible for the performance of any person or supplier listed on the site. Given that the site has significant user generated content, we also cannot be responsible for the accuracy or authenticity of information included on the site. Whilst we believe that users will generally be honest, there may be false information posted by businesses on the site. In addition, details included about suppliers listed may be incorrect.
3.2 Therefore you have a responsibility to carry out your own checks on any supplier you use as a result of information on this Site. This Site does not advise you on who to use for a particular service, or what course of action to take or not to take. Any contact with a supplier listed on the Site is at your sole risk and responsibility.
3.3 This Site has links that allow you to leave the Site and visit third party sites. We have no control over and are not responsible for the content, use by you or availability of those third party websites, for any products or services you buy through those sites or for the treatment of any personal information you provide to the third party.
3.4 You agree that Prozolio will not be held liable for any damages arising out of, or in connection with the use of this Site or any person of business that is recommended on this Site, or any website or information source included on or linked to this Site.
3.5 A summary of this paragraph is:
WE ARE NOT LIABLE FOR THE PERFORMANCE OF BUSINESSES INCLUDED ON THIS SITE. IF YOU WANT TO USE A SERVICE LISTED ON THE SITE YOU SHOULD CARRY OUT THE NORMAL CHECKS YOU WOULD WITH ANY SERVICE YOU USE. ANY PROBLEMS ARISING AND ANY LIABILITY OR DAMAGES INCURRED ARE YOUR RESPONSIBILITY AND NOT THAT OF PROZOLIO.
4 Intellectual Property Rights and User content
4.1 All information on the Site including User Content is the proprietary property of the Company and its Users with all rights reserved. No information or User Content, except for User Content that you legally post on the site, may be copied, distributed or sold in any form without the Company's prior written consent. In particular, information or User Content may not be copied, downloaded, reproduced or used in any way that is in competition with Prozolio, or be used for marketing purposes or for compiling directories. If you want to reproduce any of the data on the Site, you must obtain our prior written approval.
4.2 Any User Content you submit to the site shall be considered non-confidential.
4.3 You are responsible for all User Content that you upload to the Site. You represent and warrant that you own the User Content posted by you to the Site or otherwise have the right to grant the licence set forth in this section and the posting of your User Content on the Site does not violate the privacy rights, publicity rights, intellectual property rights (including copyrights), contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to thewom.
4.4 We do not own the User Content that you post on the site. Rather, you grant Prozolio a licence to use, copy, publicly display, show and distribute such User Content in any way whatsoever that we choose, or grant other parties a sublicence to use such User Content. If you request that your User content be removed from the site, the licence shall expire, except that Prozolio may retain archived copies of your User Content.
5 Use of the site
5.1 In order to make recommendations or comments, or use the more advanced features of the site, we ask you to register. When you register, you agree to provide, true, accurate, up to date and complete information. We are a social networking website and therefore we rely on user generated content. However, we will not tolerate any use of our Site which damages or is likely to damage our reputation or the availability or integrity of the Site.
5.2 You therefore agree not to use the Site to:
- Post any information that is unlawful, untrue or deliberately misleading
- Misrepresent yourself (eg. pretending to be a business)
- Collect email addresses or contact information for your own commercial purposes (eg for marketing or compiling directories)
- Upload or otherwise make available content deemed to be threatening, unlawful, abusive, inflammatory, bigoted or racially hateful, obscene, fraudulent or otherwise objectionable
- Upload or otherwise make available any User Content for which you do not own the intellectual property or have the right to Upload
- Upload or otherwise make available any data that contains software viruses or any other code or files that are designed to disrupt the operation of computers, or telecommunication equipment.
5.3 We therefore ask you to treat our Site with respect, and not to use the site or our products or services for any illegal purpose, or in such a way as to infringe or breach other's rights or to cause or threaten to cause us damage. We also ask you to comply with any relevant notices, policies and terms imposed by third parties whose sites, products or services you access through our site.
6 Website details
6.1 We use cookies on this Site. Further information about cookies, how we use them to store and access information about you and how you can elect to refuse their use can be found in our Privacy Policy.
6.2 Use of this Site is free and we take steps to ensure it is available to all permitted users. We do not warrant that the site will be continuously available, or that your use of the site will be uninterrupted or error-free, or that the site and server will be free from attack. Prozolio shall not be responsible for any loss or damage arising out of the use of the Site or any viruses that may infect your computer out of the use of this site, or any sites linked to this site.
7 General legal terms
7.1 If a court or other competent authority holds any of these terms to be void or unenforceable in whole or part, the other terms and the remainder of the affected term shall continue to be valid. Our failure to exercise or delay in exercising a right or remedy provided by these terms of use or by law does not constitute a waiver of those or any other rights or remedies.
7.2 Nothing in these terms shall exclude or limit our liability for death or personal injury due to our negligence or our liability for fraudulent misrepresentation.
7.3 These terms and the use of this Site and its content shall be governed by and construed in all respects in accordance with English law, and you agree to submit to the non-exclusive jurisdiction of the English courts.
7.4 The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site for any reason, or no reason, at any time in its sole discretion.
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