This agreement
was last updated on 4 May 2007.
By proceeding
beyond this point you agree as follows:
- Parties
This agreement
is made between you and 46664 Limited ("46664"), a
company incorporated in the United Kingdom.
- Definitions
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Charities
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means any of the charitable
causes supported by the 46664 campaign or the Nelson Mandela Foundation;
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Code
of Conduct
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means the codes of conduct (whether
listed together or separately) which may displayed by the Forum Operators
from time to time concerning etiquette, protocols and other practices
to be observed by Forum Users;
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Events
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means any of the officially
branded 46664 concerts or live events;
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User
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means any person viewing,
interacting with or otherwise accessing the Website;
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Forum
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means any part of the Website
where a User may post information and/or upload Web Content not originated
by 46664 for display at the Website, whether or not that content is
controlled by an Operator, the User or 46664;
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Operator
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means any party engaged by
46664 to operate the Website or any part of the Website or its functions;
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Servers
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means the servers on which
Web Content and User Data may be stored from time to time;
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User
Messages
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means any notices or information
posted publicly in any Forum by Users;
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User
Data
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means any information displayed
at or acquired via the Website concerning Users;
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Web
Content
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means all software, layout,
logos, marks, artwork, literary works, musical works, films and any
other constituent elements of the Website from time to time other than
User Messages and User Data;
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Website
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means the website the homepage
of which is currently found at www.46664.com
and any future incarnation
of this website and any webpages hosted on behalf of 46664 which is
accessed from this website in such manner to appear to be part of the
website;
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- User Obligations
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You shall not use
the Website, Web Content or User Data in any unlawful manner or in any
manner likely to bring the Website or 46664 into disrepute.
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You shall not use
the Website in any manner likely to injure, offend or become a nuisance
to 46664 or any User and in particular you shall not send so-called
spam emails to any User.
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You shall not sell,
republish or otherwise deal with User Data without the written consent
of the relevant Users.
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You shall not copy
any part of the Web Content without the written consent of 46664 and
(if applicable) the copyright owner of the Web Content.
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You shall not attempt
to access any Web Content that is protected, locked or otherwise not
openly accessible to Users nor shall you introduce any virus or other
technological harm to the Website, the Servers or to any User.
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You shall observe
all relevant Codes of Conduct.
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46664 reserves the
right to suspend or terminate your membership of the Website at any
time without notice.
- User Data
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46664 may, either
by itself or through its Operator, retain all User Data relating to
you for the purposes of its own market research and any other lawful
use consented to by you. For the avoidance of doubt, 46664 shall not
supply User Data relating to you to any third party other than its Operators
without your permission.
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46664 may in its
sole discretion delete any User Data relating to you from the Servers
without reference to you.
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You warrant that
all User Data supplied by you shall be accurate.
- User Messages
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You grant 46664
the irrevocable perpetual right to publish User Messages posted by you
on the Website and/or in relation to the Charities and/or the Events
and to attribute those messages as coming from you.
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You warrant that
User Messages posted by you shall not be blasphemous, defamatory, deliberately
or recklessly false, likely to injure or infringe the rights of any
person or bring the Website, the Events or the Charities into disrepute.
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46664 reserves the
right to disable or remove from the Website any User Messages provided
by you without notice to you.
- Liability and
Indemnity
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Neither 46664 nor
any director, Operator, subcontractor or employee of 46664 shall be
liable for any loss caused to you in connection with the Website save
in respect of any negligently caused physical injury or death. In particular,
46664 makes no warranty as to the accuracy of User Data or User Messages.
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You indemnify 46664
for any loss caused to 46664 or the Charities resulting from a breach
of any warranty or undertaking under this agreement.
- Governing Law
The laws
of England shall govern this agreement and the English Courts shall
have exclusive jurisdiction.