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TERMS AND CONDITIONS OF USE
OF
Beto’s Site
1 ACCEPTANCE OF TERMS
1.1 Your access to and use of Beto’s
Site ("the Website") and any Services referred
to in Clause 2, is subject exclusively to
these Terms and Conditions. You will not use
the Website/Services for any purpose that is
unlawful or prohibited by these Terms and
Conditions. By using the Website/Services you
are fully accepting the terms, conditions and
disclaimers contained in this notice. If you
do not accept these Terms and Conditions you
must immediately stop using the
Website/Services.
1.2 We reserve the right to update or
amend these Terms and Conditions at any time
and your continued use of the Website/Services
following any changes shall be deemed to be
your acceptance of such change. It is
therefore your responsibility to check the
Terms and Conditions regularly for any
changes.
2 THE SERVICES
The Website may provide communication tools
such as email, bulletin boards, chat areas,
news groups, forums and/or other message or
communication facilities ("the Services")
designed to enable you to communicate with
others. Unless Stated otherwise the Services
are for your personal and non-commercial use
only.
3 CHILD SUPERVISION
We are concerned about the safety and privacy
of our users, particularly children. Parents
who wish to allow their children access to and
use of the Website/Services should supervise
such access and use. By allowing your child
access to the Services you are allowing your
child access to all of the Services, including
email, bulletin boards, chat areas, news
groups, forums and/or other message or
communication facilities. It is therefore
your responsibility to determine which
Services are appropriate for your child.
Always use caution when revealing personally
identifiable information about yourself or
your children via any of the Services.
4 PRIVACY POLICY
4.1
We are committed
to responsible data management and subscribe
to the principals of the data protection
legislation in the United States. We are
committed to maintaining the privacy of our
users and maintaining the security of any
personal information received from you. If
you register for any of the Services you will
be asked to provide basic personal
information. The information provided by you
is not available for sale or use by third
parties. The information is used solely for
notifying you of changes or updates to the
Website/Services.
4.2 We use a technology called
"cookies" as part of our normal business
procedure to track patterns of behaviour of
visitors to the Website. A cookie is an
element of data that the Website sends to your
browser that is then stored on your system.
You can set your browser to prevent this
happening. Any information collected in this
way can be used to identify you unless you
change your browser settings.
5 USER ACCOUNT, PASSWORD AND SECURITY
If a particular Service requires you to open
an account you will be required to complete
the registration process by providing certain
information and registering a username and
password for use with that Service. You are
responsible for maintaining the
confidentiality of the username and password
and also for all activities which take place
under your account. You agree to immediately
notify us of any unauthorised use of your
password or account or any other breach of
security. In no event will Beto’s Site be
liable for any indirect or consequential loss
or damage whatsoever resulting from the
disclosure of your username and/or password.
You may not use another person’s account at
any time, without the express permission of
the account holder.
6 ACCEPTABLE USE
6.1 You acknowledge that all
information, text, graphics, logos,
photographs, images, moving images, sound,
illustrations and other materials ("the
Content"), whether posted publicly or
transmitted privately, are the sole
responsibility of the person from whom such
Content originated. We do not control or
endorse the Content and cannot guarantee the
accuracy, integrity or quality of such Content
and you acknowledge that by using the Services
you may be exposed to Content that is
offensive and/or indecent. Beto’s Site will
not be liable in any way for any Content or
for any loss or damage of any kind resulting
from the use of any Content transmitted via
the Services and you agree to bear all risks
associated with the use of any Content,
including any reliance on the accuracy or
completeness of such Content.
6.2 In using the Website/Services you
agree not to:
6.2.1 use the Services to send junk email,
spam, chain letters, pyramid schemes or any
other unsolicited messages, commercial or
otherwise;
6.2.2 post, publish, distribute or
disseminate material or information that is
defamatory, infringing, obscene, indecent,
threatening, abusive, harassing or unlawful;
6.2.3 post, publish, distribute or
disseminate material or information that
incites discrimination, hate or violence
towards any person or group on account of
their race, religion, disability, nationality
or otherwise;
6.2.4 threaten, abuse, disrupt, stalk or
otherwise violate the legal rights (including
rights of privacy and publicity) of others;
6.2.5 use any information or material in
any manner that infringes any copyright,
trademark, patent or other proprietary right
of any party;
6.2.6 make available or upload files that
contain a virus, worm, trojan or corrupt data
that may damage the operation of the computer
or property of another;
6.2.7 collect or store personal
information about others, including email
addresses;
6.2.8 advertise or offer to buy or sell
goods or services for any commercial purpose,
unless such communication facility
specifically allows such messages;
6.2.9 impersonate any person or entity for
the purpose of misleading others;
6.2.10 violate any applicable laws or
regulations;
6.2.11 use the Website/Services in any
manner that could damage, disable, overburden
or impair the Website/Services or interfere
with any other party’s use and enjoyment of
the Website/Services;
6.2.12 post, publish, distribute or
disseminate material or information that you
do not have a right to transmit under any law
or under contractual or fiduciary
relationships (such as inside information or
confidential information disclosed in the
course of employment or under a
confidentiality agreement);
6.2.13 attempt to gain unauthorised access
to any of the Services, other accounts,
computer systems or networks connected to the
Website/Services through hacking, password
mining or any other means.
6.3 We have no obligation to monitor
the Services but shall be entitled to review
materials posted to a communications facility
and, at our sole discretion, to remove any
material that breaches these Terms and
Conditions or is otherwise objectionable.
7 TERMINATION
We have the right to terminate your access to
any or all of the Services at any time,
without notice, for any reason, including
without limitation, breach of these Terms and
Conditions. We may also at any time, at our
sole discretion, discontinue the
Website/Services or any part thereof without
prior notice and you agree that we shall not
be liable to you or any third party for any
termination of your access to the
Website/Services.
8 LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to
third party websites that are controlled and
maintained by others. Any link to other
websites is not an endorsement of such
websites and you acknowledge and agree that
Beto’s Site is not responsible for the content
or availability of any such sites.
9 INTERNATIONAL USE
You agree to comply with all
applicable laws regarding the transmission of
technical data exported from the United
States or the country in which you reside (if
different) and with all local laws and rules
regarding acceptable use of and conduct on the
Internet.
10 INTELLECTUAL PROPERTY RIGHTS
10.1 The Website and its content
(including without limitation the Website
design, text, graphics and all software and
source codes connected with the Website and
the Services) are protected by copyright,
trade marks, patents and other intellectual
property rights and laws. In accessing the
Website you agree that you will access the
contents solely for your personal,
non-commercial use. None of the content may
be downloaded, copied, reproduced,
transmitted, stored, sold or distributed
without the prior written consent of the
copyright holder. This excludes the
downloading, copying and/or printing of pages
of the Website for personal, non-commercial
home use only.
10.2 Beto’s Site does not claim ownership
of any materials you post, upload or submit to
any publicly accessible area of the Services.
However, by doing so you are granting us a
world-wide, royalty free, non-exclusive
licence to copy, distribute, transmit,
reproduce, publicly display, edit, translate
or publish such Content for as long as you
elect to display such Content via the
Services. The licence shall be terminated
when such Content is deleted from the
Services.
11 INDEMNITY
You agree to indemnify
and hold Beto’s Site harmless from and against
any breach by you of these Terms and
Conditions and any claim or demand brought
against Beto’s Siteby any third party arising
out of your use of the Services and/or any
Content submitted, posted or transmitted
through the Services, including without
limitation, all claims, actions, proceedings,
losses, liabilities, damages, costs, expenses
(including reasonable legal costs and
expenses) howsoever suffered or incurred by
Beto’s Site
in consequence of
your breach of these Terms and Conditions.
12 DISCLAIMERS AND LIMITATION OF
LIABILITY
12.1 Use of the Website/Services is at
your own risk. The Website/Services are
provided on an "AS IS" and "AS AVAILABLE"
basis without any representation or
endorsement made and without warranty of any
kind whether express or implied, including but
not limited to the implied warranties of
satisfactory quality, fitness for a particular
purpose, non-infringement, compatibility,
security and accuracy.
12.2 To the extent
permitted by law, Beto’s Site
will not
be liable for any
indirect or consequential loss or damage
whatsoever (including without limitation loss
of business, opportunity, data, profits)
arising out of or in connection with the use
of the Website/Services.
12.3 Beto’s Site makes no warranty that
the Website/Services will meet your
requirements, that Content will be accurate or
reliable, that the functionality of the
Website/Services will be uninterrupted or
error free, that defects will be corrected or
that the Website/Services or the server that
makes them available are free of viruses or
anything else which may be harmful or
destructive.
12.4 Nothing in these Terms and
Conditions shall be construed so as to exclude
or limit the liability of Beto’s Site for
death or personal injury as a result of the
negligence of Beto’s Site.
12.5 Nothing in these Terms and
Conditions shall affect your statutory rights
as a consumer.
13 SEVERANCE
If any of these Terms and Conditions should be
determined to be invalid, illegal or
unenforceable for any reason by any court of
competent jurisdiction then such Term or
Condition shall be severed and the remaining
Terms and Conditions shall survive and remain
in full force and effect and continue to be
binding and enforceable.
14 GOVERNING LAW
These Terms and Conditions shall be governed
by and construed in accordance with the law of
Uinted States Of America and you hereby submit
to the exclusive jurisdiction of the United
States courts.
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