Terms and Conditions

Please read carefully the following terms and conditions for use of the Your Nutshell Ltd service. By clicking continue you agree to these terms and conditions. If you do not agree you should exit from the registration process now.

USER ACCOUNTS

A user account is required to access the service and may be accessed and used only by those authorised individuals who are registered.

To open a user account, you must complete the registration process by providing Your Nutshell Ltd with current, complete and accurate information as prompted by the registration form. By opening a user account you agree that you have read, and understood the terms and conditions. Your use of this service will be governed by these terms and conditions of use (Agreement).

In registration for the service, you agree to submit accurate, current and complete information and promptly update such information.

Should Your Nutshell Ltd suspect that such information is untrue, inaccurate, not current or incomplete, Your Nutshell Ltd has the right to suspend or terminate your usage of the service upon five (5) day's written notice and without liability to you.

You will choose a personal, non-transferable password. User accounts cannot be "shared" or used by more than one individual.

USER RESPONSIBILITIES

You are also solely responsible for any and all activities that occur under your account and ensuring that you exit or log-off from your account at the end of each session of use. You shall notify Your Nutshell Ltd immediately of any unauthorised use of your password or account or any other breach of security that is known or suspected by you. Your Nutshell Ltd, upon learning of such unauthorised use, has the right to suspend or terminate your usage of the service upon five (5) day's written notice and without liability to you.

ACCOUNT INFORMATION AND DATA

Your Nutshell Ltd does not own any data, information or material that you submit to the service or store in your account.

Your Nutshell Ltd will not monitor, edit, or disclose any information regarding you except as allowed under the terms of this agreement and as required by law. Your Nutshell Ltd will not monitor, edit or disclose any messages you write except as allowed under the terms of this agreement and as required by law.

Please be aware that Your Nutshell Ltd may provide certain user registration and statistical information such as usage or user traffic patterns in aggregate form to third parties but such information will not include personally identifying information.

You, not Your Nutshell Ltd, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all messages and Your Nutshell Ltd shall not be responsible or liable for any data, information or material in the messages stored in your account.

USER CONDUCT

You agree to abide by all applicable local, state, national, and foreign laws, treatises and regulations in connection with the service. In addition, without limitation, you agree not to use the service to:

1. transmit through or post on the service unlawful, harassing, abusive, tortuous, defamatory, threating, harmful, invasive of another's privacy, vulgar, obscene or otherwise objectionable material of any kind or nature.
2. transmit through or post on the service any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity.
3. transmit through or post on the service any material that contains software viruses or other harmful or deleterious computer codes, files or programs such as trojan horses, worms, time bombs, cancelbots.
4. attempt to gain unauthorised access to the service, other accounts, computer system or networks connected to the service, through password mining or any other means.
5. harass or interfere with another user's use and enjoyment of the service. 
6. conduct any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Your Nutshell Ltd web site in any manner which could damage, disable, overburden or impair the Your Nutshell Ltd web site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Your Nutshell Ltd web sites.

Your Nutshell Ltd has no obligation to monitor the service and due to personal security can not and will not monitor the messages or any user's use thereof or retain any data, information or material generated during any user session.

TERMINATION

Your Nutshell Ltd, in its sole discretion, upon five (5) day's written notice and without liability to you, may terminate your password, account or use of the service and remove and discard any messages within the service if you fail to comply with this agreement. You may terminate your user account upon notice to Your Nutshell Ltd at any time, however, any refund of monies paid will only be made at the discretion of the management. Upon termination of an account, your right to use such account and the service immediately ceases.

Upon termination Your Nutshell Ltd shall have no obligation to maintain or delete any messages stored in your account or to forward any messages to you or any third party.

THIRD PARTY ACCESS

Your Nutshell Ltd will allow access only to those parties who have been given authorised access by the account holder. In the event of loss of this information access will only be granted upon production of appropriate authorisation from the court (e.g. probate or letters of administration).

LINKS TO THIRD PARTY SITES

The Your Nutshell Ltd web site may contain certain links to other web sites ("linked sites"). The linked sites are not under the control of Your Nutshell Ltd and Your Nutshell Ltd is not responsible for the content of any linked site, including without limitation any link contained within a linked site, or any changes or updates to a linked site. Your Nutshell Ltd is not responsible for any webcasting or any other form of transmission received from any linked site. Your Nutshell Ltd is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Your Nutshell Ltd of the site or any association with its operators.

PROPRIETARY RIGHTS

Except for the limited use licenses granted herein, you have no right, title or interest in or to the Service or any Content. You agree that Your Nutshell Ltd or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to the Service and Content, including, without limitation, text, images, and other multimedia data. Your Nutshell Ltd and/or other Your Nutshell Ltd products and services referenced herein are either trademarks or registered trademarks of Your Nutshell Ltd.

INDEMNIFICATION

You shall indemnify and hold Your Nutshell Ltd and its parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including solicitors and legal fees and costs) arising out of your message or in connection with your use of the Service and Contents, or breach of this agreement.

LIMITATION OF LIABILITY

In no event shall Your Nutshell Ltd aggregate liability exceed the amount actually paid by you in the twelve (12) month period immediately preceding the event giving rise to such a claim.

In no event shall Your Nutshell Ltd be liable to anyone for any indirect, punitive, special, exemplary, incidential, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with this service, including but not limited to your use or inability to use the service and content, or for any message obtained from or through the service, even if Your Nutshell Ltd has been previously advised of the possibility of such damages.

ADDITIONAL RIGHTS

Certain states and/or jurisdiction do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above not may apply to you.

LOCAL LAWS AND EXPORT CONTROL

Your Nutshell Ltd controls and operates this service from its location in the United Kingdom and is subject to the laws and regulations governing companies in the United Kingdom. Your Nutshell Ltd makes no representation that the service is appropriate or available for use in other locations. If you use the Service from outside the United Kingdom, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United Kingdom law is prohibited.

COPYRIGHT AND TRADEMARK NOTICES

All contents of the Your Nutshell Ltd web site are Copyright © Your Nutshell Ltd ^TM and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organisations, products, people and events depicted herein are fictitious. No association with any real company, organisation, product, person or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

MODIFICATION TO TERMS

Your Nutshell Ltd reserves the right to change the terms and conditions of this agreement or its policies relating to the Service at any time and shall notify you by posting an updated version of this agreement on the Service and/or by sending you an email message. You are responsible for regularly reviewing this agreement. Continued use of the service after any such changes shall constitute your consent to such changes.

GENERAL

This agreement will be governed by United Kingdom Law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to this agreement or in connection with the service only in the jurisdiction of the courts in the United Kingdom. No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality, obligations, Intellectual property ownership provisions, warranty disclaimers, and limitations of liability. No joint venture, partnership, employment, or agency relationship exists between you and Your Nutshell Ltd as a result of this agreement or use of this Service. The failure of Your Nutshell Ltd to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Your Nutshell Ltd in writing. Your Nutshell Ltd has the right to assign any or all of its rights and obligations under this Agreement at any time. This agreement comprises the entire agreement between you and Your Nutshell Ltd and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

yournutshell.com is owned and operated by Your Nutshell Ltd, a company registered in England and Wales whose registered company number is 6421749. Registered address: Mulberry House, Uley Road, Dursley GL11 4PF.

 

Copyright © 2008 your Nutshell. All Rights Reserved.

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