We-usb.com is an exclusive social networking site. The Website is owned by WE-USB LTD ("We-usb.com"). If you wish to become a member of we-usb.com, you will have to submit a membership applicationto We-usb.com in accordance with our application procedures. We retain absolute discretion as to whom we accept as members. If you are accepted as a member, you will enjoy substantial benefits but must comply with our Terms and Conditions of membership at all times. You will need to agree to our Terms and Conditions as set out below as the exclusive basis of your membership by clicking the "I accept" button atthe end of these Terms and Conditions. To remain a member, you must comply at all times with our Terms and Conditions. We reserve the right to terminate membership without compensation or reason.
1. DEFINITIONS
In this Agreement, the following terms shall mean:
1.1 "Associated Company" means any company which at the relevant time is:
(a) a holding company of WE-USB LTD; or
(b) a subsidiary or subsidiary undertaking of WE-USB LTD; or
(c) a subsidiary or subsidiary undertaking (other than WE-USB LTD itself) of any such holding company, the expressions "holding company", "subsidiary" and "subsidiary undertaking" having the same meanings given to them by the Companies Act 1985.
1.2 "Inappropriate Behaviour" means any of the following types of behaviour:
(a) defamation, abuse, harassment, stalking, grooming, offering sexual services, sexually explicit, threatening or otherwise violating the legal rights (including rights of privacy and publicity) of others (whether or not those others are members);
(b) publishing, posting, uploading, distributing, disseminating or circulating any inappropriate material or views including but not limited to defamatory, infringing, obscene, or unlawful material or information, racist, sexist or homophobic material or any material which contains viruses, corrupted files, or any other similar software or programs that may damage the operation of a third party’s computer or which may reasonably be expected to do so;
(c) Posting any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party;
(d) Advertising or offering to sell any goods or services for any commercial purpose unless you have our specific written permission from We-usb.com;
(e) Posting, conducting or forwarding any surveys, contests, pyramid schemes or chain letters;
(f) Downloading any information file posted by another member that you know, or reasonably should know, cannot be legally distributed in such manner;
(g) impersonating another person or entity, or falsifying or deleting any author attributions, legal or other proper notices or proprietary designations or labels of the original or source of software or other material contained in a file that is posted; or
(h) Restricting or inhibiting any member from using and enjoying the Website.
1.3 "Personal Details" means your name, address and other personal or contact information provided to We-usb.com or posted on the Website.
1.4 "Service" means the service of providing a social networking forum via the Website.
1.5 "Website" means www. we-usb.com
1.6 "Your Content" means information provided by you to We-usb.com or posted by you on the Website
2. THE AGREEMENT
2.1 We-usb.com may limit your participation in the Website or bar you temporarily or permanently if We-usb.com believes that you have engaged in any Inappropriate Behaviour.
2.2 Cookies: We-usb.com may send a small file to your computer when you visit the Website. This will enable We-usb.com to identify your computer, track your behaviour on the Website and to identify your particular areas of interest so as to enhance your future visits to the Website. We-usb.com may use cookies to collect and store personal data and We-usb.com links information stored by cookies with personal data you supply to We-usb.com. Save for the use of cookies, we-usb.com does not automatically log data or collect data save for information which you specifically provide to We-usb.com. You can set your computer browser to reject cookies but this may preclude your use of certain parts of the Website.
2.3 Security measures: We-usb.com has implemented security policies, rules and technical measures to protect the personal data that it has under its control from unauthorised access, improper use and disclosure, unauthorised destruction or accidental loss.
2.4 Access to information You may ask We-usb.com whether it is storing personal information about you by emailing We-usb.com at info@we-usb.com (Subject: Personal Imformation) and, if you wish [and upon payment of a fee of £10], We-usb.com will provide you with a copy of the personal data held about you by email. We-usb.com may ask for proof of your identity before providing any information and reserves the right to refuse to provide information requested if identity is not established.
2.5 Password: You will be issued with a password which will enable you to access and use all areas of the Website. The password will be exclusive to you and you undertake not to disclose it to anyone else and accept that you will be responsible for all use of such password.
3. WARRANTIES AND USE OF MEMBER'S DETAILS
3.1 We-usb.com warrants that it shall perform its duties hereunder in a timely and professional manner and that all details which it holds in relation to your identity shall be held and processed in accordance with We-usb.com's Data Protection registration and privacy policy which means that such identity data will only be made available to Associated Companies who have subscribed to the services (whether off-line or on-line) of either We-usb.com or one of its Associated Companies and shall not be used otherwise than for that purpose or for keeping in touch with you and, subject to Clause 3.2 and 3.3, We-usb.com undertakes that such data shall not be used for any other purpose or sold to any third party.
3.2 In the unlikely event that a liquidator, administrator or receiver is appointed over We-usb.com or all or any part of we-usb.com's assets that insolvency practitioner may transfer Your Personal Details to a third party purchaser of the business provided that purchaser undertakes to use those details only for the same purposes as agreed by You under this Agreement. Your Personal Details will not be disclosed to government or local authorities or other government institutions save as required by law or other binding regulations.
3.3 We-usb.com shall be at liberty to provide and/or transfer Your Personal Details to Associated Companies at any time or to other companies in the event that ownership of We-usb.com changes or We-usb.com transfers part or all of its assets to another company.
3.3.1 We-usb.com does not warrant that the provision of the Service will be uninterrupted or error-free.
3.4 You shall bear sole responsibility for ensuring the accuracy of your Content.
3.5 The warranty set out in Clause 3.1 is exclusive of and in lieu of all other conditions and warranties, express or implied, statutory or otherwise, including without limitation those relating to satisfactory quality or fitness for purpose.
4. WEBSITE CONTENT
4.1 You recognise and accept that you bear sole responsibility for your Content.
4.2 We-usb.com agrees that upon written notice from you of any inaccuracies in your Personal Details it will use reasonable efforts to rectify the inaccuracies PROVIDED ALWAYS that the correct information is provided to We-usb.com by you.
4.3 We-usb.com shall retain the right at all times to refuse to provide the Service or any part thereof, including without limitation, posting your Content to the Website and to prohibit you from using the Website in the future where it reasonably believes that any part of your Content is incorrect or deliberately misleading and in the opinion of We-usb.com under the laws of any jurisdiction from which it is possible to access the Website may:
4.3.1 be illegal, illicit, indecent, obscene, defamatory, infringing of third party rights (of whatever nature and including, without limitation, any Intellectual Property Rights);
4.3.2 be in breach of any applicable regulations, standards or codes of practice (not withstanding that compliance may not be compulsory);
4.3.3 harm the reputation of We-usb.com in any way.
4.4 We-usb.com shall retain the right at all times to refuse to post any your message or notice to any chatroom, bulletin board or similar forum on the Website and to prohibit you from using the Website in the future where it reasonably believes that your message contains or conveys material, the inclusion of which on the Website constitutes Inappropriate Behaviour or is likely to harm the reputation of We-usb.com and upon receipt of notification from a third party to the effect that any such message or notice appears on the Website, We-usb.com may in its absolute discretion take down such message or notice without reference to you who posted it. In the event that We-usb.com believes that you are persistently abusing any chatroom and/or bulletin board facility on the Website it may in its absolute discretion prohibit you from using the Website in future.
4.5 We-usb.com's rights under Clauses 4.3 and 4.4 above shall be without prejudice to your sole responsibility for your Content and to the warranties given by you relating to that content in Clause 4.6 below. Posting or inclusion of your Content by We-usb.com on the Website shall not under any circumstances constitute a waiver of any of We-usb.com’s rights under this Agreement.
4.6 You warrant, represent and undertake in relation to all your activities in relation to the Website that you shall not engage in Inappropriate Behaviour.
5. YOUR OBLIGATIONS AND RESPONSIBILITIES
5.1 You undertake to notify We-usb.com of any changes to Your Personal Details from time to time.
5.2 You undertake to check the accuracy of your Personal Details included on the Website and promptly notify We-usb.com in the event of any inaccuracies therein.
5.3 You warrant, represent and undertake that no use of the Website by You shall involve Inappropriate Behaviour.
5.4 You agree to notify We-usb.com once you no longer wish to be a member.
5.5 You undertake not to embark on any course of action, whether by use of the Website or any other means, which may cause a disproportionate level of Website activity without obtaining We-usb.com's prior written approval.
5.6 You hereby acknowledge that you are fully responsible for all consequences of your Content being posted on the Website.
6. INDEMNITIES
6.1 You agree to indemnify We-usb.com against all damages, liabilities, costs and expenses which We-usb.com may incur or sustain including without limitation the costs of defending any suit arising from your behaviour or activities.
7. LIMITATION OF LIABILITY
7.1 We-usb.com is not liable for any indirect loss, consequential loss, loss of profits, revenue, data or goodwill howsoever arising suffered by you and arising in any way in connection with this Agreement or for any liability of you to any third party.
7.2 We-usb.com is not liable for any viruses uploaded to the Website by third parties or you.
7.3 We-usb.com is not liable for any errors, omissions or delays of you.
7.4 We-usb.com shall not be liable for ensuring that your Content is legal and lawful and is not obscene, defamatory or otherwise infringing of any third party rights whatsoever.
7.5 We-usb.com is not liable for any failure in respect of its obligations hereunder which result directly or indirectly from failure or interruption in software or services provided by third parties.
7.6 None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of We-usb.com or its appointed agents.
7.7 No matter how many claims are made and whatever the basis of such claims, We-usb.com’s maximum aggregate liability to you under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by Clauses 7.1 to 7.5 above or otherwise).
7.8 The parties agree that you are the sole author, editor or publisher of all your Content on the Website.
8. TERM AND TERMINATION
8.1 Your Content will remain on the Website for such time as We-usb.com sees fit and it is your responsibility to ask We-usb.com to remove or revise it is no longer applicable or accurate.
8.2 We-usb.com may terminate this Agreement by giving 7 days' written notice of termination to the address provided to We-usb.com by you from time to time or with immediate effect in the event of any breach of Clauses 4.6 or 5 by you.
8.3 You may terminate this Agreement by giving 7 days' written notice of termination to We-usb.com to the address set out in this Agreement.
9. GENERAL
9.1 Subject to Clause 9.2, these Terms and Conditions any other expressly incorporated document constitute the entire agreement between the parties hereto relating to the subject matter hereof and neither party has relied on any representation made by the other party unless such representation is expressly included herein. Nothing in this Clause 9.1 shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance on the same as being fair and reasonable.
9.2 We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this agreement at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and we may send registered users an email notifying you of the change. If any changes or modifications are unacceptable to you, you should stop using the We-usb.com website.
9.3 If any provision of this Agreement or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.
9.4 Any notice given pursuant hereto may be served personally or sent by pre-paid registered letter or recorded delivery or by email to the addresses most recently given or used. Such notice shall be deemed to have been duly served upon and received by the addressee, when served personally, at the time of such service or, when posted, 48 hours after the same shall have been put into the post correctly addressed and pre-paid or when by email, 24 hours after transmission.
9.5 Neither party shall be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder (other than in relation to payment) resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority.
9.6 Any delay or forbearance by either party in enforcing any provisions of this Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
9.7 This Agreement shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.