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Terms of Use
1. OSOYOU User Agreement
2. Prohibited Activities
3. Prohibited Content
4. Keep Safe
5. Competition terms and conditions
1. OSOYOU User Agreement
This website (the "Website"), which is located at www.OSOYOU.com is owned and operated by Ohmigod Limited ("Ohmigod", "we", "us" and "our"). These terms and conditions of use ("User Agreement") govern the terms and conditions on which you (the "User") may access and use the Website and its content. This User Agreement is effective as of 1 May 2007.
By using the Website, you acknowledge that you have read this Agreement, understand it and agree to be bound by its terms and conditions. You also acknowledge that you have read and understand the Privacy Policy. If you do not agree to this Agreement or the Privacy Policy, you should not use or access the Website.
If you register as a member of the Website (a "Member") the additional terms of this User Agreement specific to Members will also apply to you.
- Eligibility to use the Website. You must be 14 years or older to use the Website. By using the Website, you are stating that you are 14 years or older or that you are using the Website with the consent of a parent or guardian.
- Privacy Policy. Ohmigod takes your privacy very seriously and collection and use of personal information is governed by our Privacy Policy. Please read our Privacy Policy carefully here
- Your Conduct. You shall not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.
You understand that the Internet is not secure and that you, and not Ohmigod, are responsible for all electronic communications and content sent from your computer to Ohmigod and you must use the Website for honest and lawful purposes only. You must not use the Website in connection with any of the Prohibited Activities set set out in Schedule A to this Agreement and Ohmigod reserves the right to prohibit your access to the Website.
- Intellectual Property Ownership
- Website Content. Ohmigod and its licensors own and retain all rights, including all intellectual property rights, in all content included on the Website (other than content posted on the Website by Members), including graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and all other content or material capable of protection under applicable intellectual property and other laws (collectively the “Ohmigod Content”). All Ohmigod Content posted, displayed, or available on the Website, including any compilation of the Ohmigod Content is the exclusive property of Ohmigod and is protected by applicable intellectual property laws.
- Copyright. All Ohmigod Content posted, displayed, or available on the Website is subject to copyright, unless otherwise noted, and may not be used except with the express written consent of Ohmigod. Unless otherwise agreed in writing by Ohmigod, you may not copy, display, or post any Ohmigod Content offered via the Website on any network computer, web site, bulletin board, or any other publicly accessible medium. You must keep intact, and may not remove or alter, any copyright notices posted on the Website or on any Ohmigod Content posted, displayed, or made available on the Website. To notify Ohmigod of claimed copyright infringement on the Website, please contact: [Note: Insert contact for notice and take down of infringing material.]
- Trademarks. All trademarks, service marks, trade names, logos, designs, slogans, or other identifiers of source (collective the “Marks”) that appear on the Website are proprietary to Ohmigod, or other respective owners specified on the Website, or are used by Ohmigod to identify the owner of the relevant Mark, goods or services. Ohmigod may not be licensed to use all Marks that appear on the Website. You may not display or reproduce any of the Marks other than with the prior written consent of Ohmigod, and you may not remove or otherwise modify any trademark notices posted on the Website or on any Ohmigod Content posted, displayed, or made available on the Website.
- Licence to Use. Ohmigod grants you a limited, revocable, personal, non-transferable and non-exclusive licence to access and make personal use of the Website in strict accordance with the terms and restrictions of this Agreement. You shall not (a) download (other than page caching as part of your browser's normal operations), copy or modify the Website or any portion of the Website; (b) participate in or facilitate any resale or commercial use of the Website or any Ohmigod Content; (c) participate in or facilitate any collection and non-personal use of any lists, descriptions or other content posted, displayed or made available on the Website; (d) prepare any derivative works of the Website or the Ohmigod Content; (e) participate in or facilitate any use of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-use any material or proprietary part of the Website; (f) publish, distribute, or otherwise transfer any material or proprietary part of the Website or the Ohmigod Content; or (g) create your own database that reproduces a material or proprietary part of the Website or any Ohmigod Content. All rights not specifically granted in this Agreement by Ohmigod are withheld and retained by Ohmigod.
- You may link to the Website at its homepage (www.OSOYOU.com) only. You may not use framing techniques to enclose any page or part of any page of the Website, trade mark, logo or other proprietary information (including images, text, page layout or form) on the Website. You may not use any metatags or any other "hidden text" using the "OSOYOU" name or any other of Ohmigod's names or trade marks.
Ohmigod reserves the right to edit or delete any content on the Website. However, Ohmigod assumes no responsibility for monitoring the Website for inappropriate third party content or conduct and does not endorse, confirm the validity of or have control over content posted by Members or third party advertisers, partners or trading affiliates. Please contact us immediately by clicking here [insert "Report Misuse" hyperlink] or by using the contact information on the Website if you become aware of any offensive, harmful or deceptive material on the Website.
- Member Specific Terms
- Your Account. On registering as a Member, Ohmigod will allow you to select a username and password which will enable you to access your OSOME (see below) and membership profile. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You should keep your account and password confidential and secure and should let us know immediately if you suspect any unauthorised use of your account or that your password has become known to anyone else. You are solely responsible for all use of the Website that occurs using your account or password.
Wherever you contribute to the Website or create a OSOME on the Website (as described below), you will be identified by your username. If you do not want to be identified in this way, please adjust the settings on your user profile accordingly.
- Services. By registering as a Member on the Website, you may benefit from a number of services not available to the Website's visitors. These services include:
Creating Personal OSOME. You can create a personal OSOME on the Website (your "OSOME") under the various headings, themes or collections of materials provided by OSOYOU from time to time. You may add personal comments or other content to your OSOME and may choose to make your OSOME public (i.e. accessible to all Users), private (only accessible to you) or partially private (only accessible to your "Friends" – see below).
In order to be able to post content onto the Website, you must first download the "Drag & Drop Coathanger Tool" [include hyperlink here].
Use of Content from Safe Zones. Ohmigod has arrangements in place with certain third party website providers which authorise you to take content from such third party websites ("Safe Zones") or from identified areas within the Website and posting them on the Website (including on your OSOME) by using the "drag and drop" mechanism of the Drag & Drop Coathanger Tool. The Safe Zones are listed on the Website.
- Members' Content. Ohmigod does not claim any ownership rights in the text, files, images, sounds, works of authorship and other materials posted on the Website by Members ("Member Content"). By posting any content on the Website, you grant Ohmigod a limited, revocable, non-exclusive worldwide licence to use, modify, reproduce and distribute such content on the Website and to use all or a substantial part of such content in Ohmigod's publicity or marketing materials and on any other OSOYOU branded websites and OSOYOU branded sites available via any digital service, product, platform or alternative website other than the World Wide Web. This licence will terminate in respect of any Member Content when you remove such content from the Website, though we shall be entitled to retain archive copies of any such content.
You represent and warrant that (a) you own the content posted by you on the Website or otherwise have the right to grant the above licence to Ohmigod and (b) the posting of such content on the Website does not infringe the intellectual property or other rights of any person (because it has been taken from a Safe Zone or otherwise). You are solely responsible for any content you post on the Website. You may not post any content on the Website that has been obtained from a third party website except where such website is included in the Safe Zones or where you have permission to do so.
Please take care before making any derogatory comments about any person, goods or services on the Website. You should ensure that any negative comments you makey are expressed fairly, proportionately and that they are either your honest opinion and justified by personal experience or justified on a factual basis.
You may only use third party trade marks on the Website to identify the owner of such trade marks, or any goods or services
- Ohmigod's Control. Ohmigod reserves the right to refuse access to the Website and to suspend or terminate Members' accounts in its sole and arbitrary discretion. While Ohmigod prohibits persons under the age of 14, Ohmigod cannot guarantee that all persons using the Website are the age they hold themselves out to be or have the identities that such persons represent to the world in the on-line environment. Consequently, there are risks of dealing with underage persons or people acting under false pretences. By using the Website, you agree to accept such risks and agree that Ohmigod is not responsible for the acts and omissions of Members or users of the Website.
- Information Control. Ohmigod cannot and does not confirm the validity of information which Members of the Website, third party advertisers, partners or trading affiliates post on or otherwise make available through the Website. You may find information posted by third parties on the Website to be offensive, harmful, inaccurate or deceptive. By using the Website, you agree to accept such risks and agree that Ohmigod is not responsible for the acts and omissions of users of the Website, advertisers, partners or affiliates.
- Third Party Providers. Where you purchase goods or services from a Third Party Provider using the Website, you will enter into a direct contract with the relevant Third Party Provider unless stated otherwise. Ohmigod does not review content provided by Third Party Providers, never owns the Third Party Providers' products or services offered on the Website and is not involved in transactions between you and a Third Party Provider unless it clearly states otherwise. Your purchase will be subject to the terms and conditions of sale of the relevant Third Party Provider and will not be subject to this Agreement.
- Changes to this Agreement. Ohmigod reserves the right, in its sole and arbitrary discretion, to change, modify, add or delete any part of this Agreement at any time without further notice. If we do make any such changes, we will post the changes to this Agreement on this webpage and will indicate at the top of the page the effective date of the version you are viewing. Your continued use of the Website after any such changes constitutes your acceptance to the amended Agreement. You are responsible for regularly reviewing this Agreement so that you will be aware of any changes.
- Internet and Website Access. We try our best to ensure that availability to the Website is uninterrupted and that the Website is error-free. However due to the nature of the Internet, this cannot be guaranteed. Your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
Ohmigod reserves the right to refuse access to the Website or any part of it at any time either to groups of users, individual users or generally. Ohmigod shall not be responsible for any connection or access to the Website by you or the quality of the transmission of any information passing between you and the Website.
Whilst we take every precaution to ensure that the Website is free from viruses, pop-ups and other malicious software, these may be contained within third party websites linked to the Website and you must therefore take all reasonably prudent steps to protect your computer software and hardware.
- Exclusion of Warranties. Ohmigod gives no warranties whatsoever in relation to the Website or any Ohmigod Content, Member Content, third party content, products or services posted, displayed or made available on the Website. Ohmigod excludes to the fullest extent permitted by law all express, implied and statutory warranties, including, without limitation, warranties of fitness for a particular purpose, warranties of merchantability, warranties as to freedom from computer virus, warranties of title and warranties of non-infringement of proprietary rights. Ohmigod expressly disclaims that the Website or the server that makes it available will be uninterrupted, error-free, timely, secure or otherwise reliable, that defects or errors will be corrected or that the content of the Website is lawful, correct or accurate. To the extent you are resident within a jurisdiction that does not allow the exclusion or limitation of any of the above mentioned warranties, the above disclaimers will not apply to you.
- Limitations of Liability.
- Ohmigod excludes liability and responsibility for any loss that might result to you or a third party arising from or in connection with: (a) third party action or error; (b) your use or inability to use the Website or any part of it or the results of a search on the Website; or (c) the nature, accuracy, reliability or truth of content or material on the Website posted by Members.
- Ohmigod excludes all liability for any indirect, incidental, consequential, special, exemplary or punitive damages or losses (including without limitation loss of profit, loss of data, expected benefit, goodwill or other intangible losses, and liability to third parties) whether based in contract, tort or otherwise arising out of or in connection with your use of the Website, or any suspension or termination of the Website. To the extent you are resident within a jurisdiction that does not allow the exclusion of the above damages, the above limitation and exclusions will not apply to you.
- In no circumstances shall Ohmigod be liable to you for any amount exceeding £100 (one hundred pounds sterling).
- Nothing in this User Agreement excludes or limits Ohmigod's liability for death or personal injury or fraud by Ohmigod.
- All products and brands represented in celebrity-related content has been independently selected by the OSOYOU.com team and not by the celebrity themselves. The celebrity does not sponsor or endorse any product or brand included in this content.
- Indemnity. You agree to indemnify and hold harmless Ohmigod, its licensors and suppliers, all of their affiliates, and all of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals' fees and court costs) arising out of any third party claims based on or related to your use of the Website or any breach by you of this Agreement.
- Entire Agreement / Waiver. This Agreement represents the entire agreement between you and Ohmigod in relation to your use of the Website (including its content), and it supersedes all prior or contemporaneous communications (whether in writing, oral or electronic) between you and Ohmigod with respect to the Website. Any waiver of any term of this Agreement will only be effective if in writing and signed by a party and no waiver by Ohmigod of any right or remedy under this Agreement will prevent Ohmigod from enforcing any of its rights or remedies in any other situation where you breach this Agreement.
- Nature of relationship / Severability. No joint venture, partnership, employment, or agency relationship exists between you and Ohmigod as a result of this Agreement or your utilisation of the Website. If any provision of this Agreement is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
- Dispute Resolution. Any dispute, controversy or claim arising out of or relating to this Agreement, including any disputes relating to the Content of the Website, whether based in contract, tort, statute or otherwise, shall be finally resolved by arbitration; provided, however, that a party may seek and secure injunctive or other equitable relief in enforcing this Agreement in the forum specified in section 17 below. The arbitration shall be conducted by one arbitrator in English and in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce. The place of the arbitration shall be London. The decision of the arbitrator shall be binding upon the parties.
- Governing Law. This Agreement is governed by English law. In the event that a party wishes to seek injunctive or other equitable relief in connection with the enforcement of this Agreement, the parties agree to submit to the exclusive jurisdiction of the courts of England.
- Liquidated Damages. If you breach this Agreement by sending unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Website, you acknowledge that you will have caused substantial harm to Ohmigod, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, and not as a penalty, you agree to pay Ohmigod £50 for each such unsolicited communication you send through the Website. You understand and agree that £50 per unsolicited communication is a reasonable forecast of the damages Ohmigod would suffer as a result of your transmitting unsolicited communications via the Website.
This website (the "Website"), which is located at www.OSOYOU.com is owned and operated by Ohmigod Limited ("Ohmigod", "we", "us" and "our"). These terms and conditions of use ("User Agreement") govern the terms and conditions on which you (the "User") may access and use the Website and its content. This User Agreement is effective as of 1 May 2007.
By using the Website, you acknowledge that you have read this Agreement, understand it and agree to be bound by its terms and conditions. You also acknowledge that you have read and understand the Privacy Policy. If you do not agree to this Agreement or the Privacy Policy, you should not use or access the Website.
If you register as a member of the Website (a "Member") the additional terms of this User Agreement specific to Members will also apply to you.
- Eligibility to use the Website. You must be 14 years or older to use the Website. By using the Website, you are stating that you are 14 years or older or that you are using the Website with the consent of a parent or guardian.
- Privacy Policy. Ohmigod takes your privacy very seriously and collection and use of personal information is governed by our Privacy Policy. Please read our Privacy Policy carefully here
- Your Conduct. You shall not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.
You understand that the Internet is not secure and that you, and not Ohmigod, are responsible for all electronic communications and content sent from your computer to Ohmigod and you must use the Website for honest and lawful purposes only. You must not use the Website in connection with any of the Prohibited Activities set set out in Schedule A to this Agreement and Ohmigod reserves the right to prohibit your access to the Website.
- Intellectual Property Ownership
- Website Content. Ohmigod and its licensors own and retain all rights, including all intellectual property rights, in all content included on the Website (other than content posted on the Website by Members), including graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and all other content or material capable of protection under applicable intellectual property and other laws (collectively the “Ohmigod Content”). All Ohmigod Content posted, displayed, or available on the Website, including any compilation of the Ohmigod Content is the exclusive property of Ohmigod and is protected by applicable intellectual property laws.
- Copyright. All Ohmigod Content posted, displayed, or available on the Website is subject to copyright, unless otherwise noted, and may not be used except with the express written consent of Ohmigod. Unless otherwise agreed in writing by Ohmigod, you may not copy, display, or post any Ohmigod Content offered via the Website on any network computer, web site, bulletin board, or any other publicly accessible medium. You must keep intact, and may not remove or alter, any copyright notices posted on the Website or on any Ohmigod Content posted, displayed, or made available on the Website. To notify Ohmigod of claimed copyright infringement on the Website, please contact: [Note: Insert contact for notice and take down of infringing material.]
- Trademarks. All trademarks, service marks, trade names, logos, designs, slogans, or other identifiers of source (collective the “Marks”) that appear on the Website are proprietary to Ohmigod, or other respective owners specified on the Website, or are used by Ohmigod to identify the owner of the relevant Mark, goods or services. Ohmigod may not be licensed to use all Marks that appear on the Website. You may not display or reproduce any of the Marks other than with the prior written consent of Ohmigod, and you may not remove or otherwise modify any trademark notices posted on the Website or on any Ohmigod Content posted, displayed, or made available on the Website.
- Licence to Use. Ohmigod grants you a limited, revocable, personal, non-transferable and non-exclusive licence to access and make personal use of the Website in strict accordance with the terms and restrictions of this Agreement. You shall not (a) download (other than page caching as part of your browser's normal operations), copy or modify the Website or any portion of the Website; (b) participate in or facilitate any resale or commercial use of the Website or any Ohmigod Content; (c) participate in or facilitate any collection and non-personal use of any lists, descriptions or other content posted, displayed or made available on the Website; (d) prepare any derivative works of the Website or the Ohmigod Content; (e) participate in or facilitate any use of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-use any material or proprietary part of the Website; (f) publish, distribute, or otherwise transfer any material or proprietary part of the Website or the Ohmigod Content; or (g) create your own database that reproduces a material or proprietary part of the Website or any Ohmigod Content. All rights not specifically granted in this Agreement by Ohmigod are withheld and retained by Ohmigod.
- You may link to the Website at its homepage (www.OSOYOU.com) only. You may not use framing techniques to enclose any page or part of any page of the Website, trade mark, logo or other proprietary information (including images, text, page layout or form) on the Website. You may not use any metatags or any other "hidden text" using the "OSOYOU" name or any other of Ohmigod's names or trade marks.
Ohmigod reserves the right to edit or delete any content on the Website. However, Ohmigod assumes no responsibility for monitoring the Website for inappropriate third party content or conduct and does not endorse, confirm the validity of or have control over content posted by Members or third party advertisers, partners or trading affiliates. Please contact us immediately by clicking here [insert "Report Misuse" hyperlink] or by using the contact information on the Website if you become aware of any offensive, harmful or deceptive material on the Website.
- Member Specific Terms
- Your Account. On registering as a Member, Ohmigod will allow you to select a username and password which will enable you to access your OSOME (see below) and membership profile. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You should keep your account and password confidential and secure and should let us know immediately if you suspect any unauthorised use of your account or that your password has become known to anyone else. You are solely responsible for all use of the Website that occurs using your account or password.
Wherever you contribute to the Website or create a OSOME on the Website (as described below), you will be identified by your username. If you do not want to be identified in this way, please adjust the settings on your user profile accordingly.
- Services. By registering as a Member on the Website, you may benefit from a number of services not available to the Website's visitors. These services include:
Creating Personal OSOME. You can create a personal OSOME on the Website (your "OSOME") under the various headings, themes or collections of materials provided by OSOYOU from time to time. You may add personal comments or other content to your OSOME and may choose to make your OSOME public (i.e. accessible to all Users), private (only accessible to you) or partially private (only accessible to your "Friends" – see below).
In order to be able to post content onto the Website, you must first download the "Drag & Drop Coathanger Tool" [include hyperlink here].
Use of Content from Safe Zones. Ohmigod has arrangements in place with certain third party website providers which authorise you to take content from such third party websites ("Safe Zones") or from identified areas within the Website and posting them on the Website (including on your OSOME) by using the "drag and drop" mechanism of the Drag & Drop Coathanger Tool. The Safe Zones are listed on the Website.
- Members' Content. Ohmigod does not claim any ownership rights in the text, files, images, sounds, works of authorship and other materials posted on the Website by Members ("Member Content"). By posting any content on the Website, you grant Ohmigod a limited, revocable, non-exclusive worldwide licence to use, modify, reproduce and distribute such content on the Website and to use all or a substantial part of such content in Ohmigod's publicity or marketing materials and on any other OSOYOU branded websites and OSOYOU branded sites available via any digital service, product, platform or alternative website other than the World Wide Web. This licence will terminate in respect of any Member Content when you remove such content from the Website, though we shall be entitled to retain archive copies of any such content.
You represent and warrant that (a) you own the content posted by you on the Website or otherwise have the right to grant the above licence to Ohmigod and (b) the posting of such content on the Website does not infringe the intellectual property or other rights of any person (because it has been taken from a Safe Zone or otherwise). You are solely responsible for any content you post on the Website. You may not post any content on the Website that has been obtained from a third party website except where such website is included in the Safe Zones or where you have permission to do so.
Please take care before making any derogatory comments about any person, goods or services on the Website. You should ensure that any negative comments you makey are expressed fairly, proportionately and that they are either your honest opinion and justified by personal experience or justified on a factual basis.
You may only use third party trade marks on the Website to identify the owner of such trade marks, or any goods or services
- Ohmigod's Control. Ohmigod reserves the right to refuse access to the Website and to suspend or terminate Members' accounts in its sole and arbitrary discretion. While Ohmigod prohibits persons under the age of 14, Ohmigod cannot guarantee that all persons using the Website are the age they hold themselves out to be or have the identities that such persons represent to the world in the on-line environment. Consequently, there are risks of dealing with underage persons or people acting under false pretences. By using the Website, you agree to accept such risks and agree that Ohmigod is not responsible for the acts and omissions of Members or users of the Website.
- Information Control. Ohmigod cannot and does not confirm the validity of information which Members of the Website, third party advertisers, partners or trading affiliates post on or otherwise make available through the Website. You may find information posted by third parties on the Website to be offensive, harmful, inaccurate or deceptive. By using the Website, you agree to accept such risks and agree that Ohmigod is not responsible for the acts and omissions of users of the Website, advertisers, partners or affiliates.
- Third Party Providers. Where you purchase goods or services from a Third Party Provider using the Website, you will enter into a direct contract with the relevant Third Party Provider unless stated otherwise. Ohmigod does not review content provided by Third Party Providers, never owns the Third Party Providers' products or services offered on the Website and is not involved in transactions between you and a Third Party Provider unless it clearly states otherwise. Your purchase will be subject to the terms and conditions of sale of the relevant Third Party Provider and will not be subject to this Agreement.
- Changes to this Agreement. Ohmigod reserves the right, in its sole and arbitrary discretion, to change, modify, add or delete any part of this Agreement at any time without further notice. If we do make any such changes, we will post the changes to this Agreement on this webpage and will indicate at the top of the page the effective date of the version you are viewing. Your continued use of the Website after any such changes constitutes your acceptance to the amended Agreement. You are responsible for regularly reviewing this Agreement so that you will be aware of any changes.
- Internet and Website Access. We try our best to ensure that availability to the Website is uninterrupted and that the Website is error-free. However due to the nature of the Internet, this cannot be guaranteed. Your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
Ohmigod reserves the right to refuse access to the Website or any part of it at any time either to groups of users, individual users or generally. Ohmigod shall not be responsible for any connection or access to the Website by you or the quality of the transmission of any information passing between you and the Website.
Whilst we take every precaution to ensure that the Website is free from viruses, pop-ups and other malicious software, these may be contained within third party websites linked to the Website and you must therefore take all reasonably prudent steps to protect your computer software and hardware.
- Exclusion of Warranties. Ohmigod gives no warranties whatsoever in relation to the Website or any Ohmigod Content, Member Content, third party content, products or services posted, displayed or made available on the Website. Ohmigod excludes to the fullest extent permitted by law all express, implied and statutory warranties, including, without limitation, warranties of fitness for a particular purpose, warranties of merchantability, warranties as to freedom from computer virus, warranties of title and warranties of non-infringement of proprietary rights. Ohmigod expressly disclaims that the Website or the server that makes it available will be uninterrupted, error-free, timely, secure or otherwise reliable, that defects or errors will be corrected or that the content of the Website is lawful, correct or accurate. To the extent you are resident within a jurisdiction that does not allow the exclusion or limitation of any of the above mentioned warranties, the above disclaimers will not apply to you.
- Limitations of Liability.
- Ohmigod excludes liability and responsibility for any loss that might result to you or a third party arising from or in connection with: (a) third party action or error; (b) your use or inability to use the Website or any part of it or the results of a search on the Website; or (c) the nature, accuracy, reliability or truth of content or material on the Website posted by Members.
- Ohmigod excludes all liability for any indirect, incidental, consequential, special, exemplary or punitive damages or losses (including without limitation loss of profit, loss of data, expected benefit, goodwill or other intangible losses, and liability to third parties) whether based in contract, tort or otherwise arising out of or in connection with your use of the Website, or any suspension or termination of the Website. To the extent you are resident within a jurisdiction that does not allow the exclusion of the above damages, the above limitation and exclusions will not apply to you.
- In no circumstances shall Ohmigod be liable to you for any amount exceeding £100 (one hundred pounds sterling).
- Nothing in this User Agreement excludes or limits Ohmigod's liability for death or personal injury or fraud by Ohmigod.
- Indemnity. You agree to indemnify and hold harmless Ohmigod, its licensors and suppliers, all of their affiliates, and all of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals' fees and court costs) arising out of any third party claims based on or related to your use of the Website or any breach by you of this Agreement.
- Entire Agreement / Waiver. This Agreement represents the entire agreement between you and Ohmigod in relation to your use of the Website (including its content), and it supersedes all prior or contemporaneous communications (whether in writing, oral or electronic) between you and Ohmigod with respect to the Website. Any waiver of any term of this Agreement will only be effective if in writing and signed by a party and no waiver by Ohmigod of any right or remedy under this Agreement will prevent Ohmigod from enforcing any of its rights or remedies in any other situation where you breach this Agreement.
- Nature of relationship / Severability. No joint venture, partnership, employment, or agency relationship exists between you and Ohmigod as a result of this Agreement or your utilisation of the Website. If any provision of this Agreement is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
- Dispute Resolution. Any dispute, controversy or claim arising out of or relating to this Agreement, including any disputes relating to the Content of the Website, whether based in contract, tort, statute or otherwise, shall be finally resolved by arbitration; provided, however, that a party may seek and secure injunctive or other equitable relief in enforcing this Agreement in the forum specified in section 17 below. The arbitration shall be conducted by one arbitrator in English and in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce. The place of the arbitration shall be London. The decision of the arbitrator shall be binding upon the parties.
- Governing Law. This Agreement is governed by English law. In the event that a party wishes to seek injunctive or other equitable relief in connection with the enforcement of this Agreement, the parties agree to submit to the exclusive jurisdiction of the courts of England.
- Liquidated Damages. If you breach this Agreement by sending unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Website, you acknowledge that you will have caused substantial harm to Ohmigod, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, and not as a penalty, you agree to pay Ohmigod £50 for each such unsolicited communication you send through the Website. You understand and agree that £50 per unsolicited communication is a reasonable forecast of the damages Ohmigod would suffer as a result of your transmitting unsolicited communications via the Website.
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