INTRODUCTION
Welcome to RecommendBox, which is a service for the sharing of recommendations between friends. RecommendBox is owned by Recommendations Ltd. By accessing the recommendbox.com website ("Site") or using the services offered by recommendbox.com you agree and acknowledge to be bound by the Terms of Service ("Term"). Recommendations Ltd reserves the right to change these Terms at any time.
TERMS OF USE
A. Acceptance of Terms
The Terms are the only basis upon Recommendations Ltd, will supply you with a recommendation service as described on the RecommendBox Site and herein referred to as the 'Service'. You may not make any changes to or modification of these terms. By registering and being a member you agree to be bound by all Terms of the Service.
The rest of the TERMS are broken into a number of different sections:
- RecommendBox's Obligations to You
- Your Obligations to RecommendBox
- Security and Member Privacy
- Member Account Registration
- Member Conduct
- RecommendBox's Proprietary Rights
- Disclaimer of Warranties
- LIMITATION OF LIABILITY
- Indemnification
- Modification and Termination of the Service
- Modification to the TOU
- TOU Violations
- Entire Agreement
- Governing Law
B. RecommendBox's Obligations to You
Subject to the Terms, RecommendBox will:
- Inform you of any changes to the Terms from time to time. See Modification to the Terms.
- Treat your personal information in a responsible manner. See Security and Member Privacy
- Supply you with access to recommendations made to and by you.
- Supply the Service using operating procedures designed to ensure the Service's security and System availability.
C. Your Obligations to RecommendBox
- You will accept liability for some events which may occur. See Indemnification.
- You will read, acquaint yourself fully and comply with all aspects of the Terms.
- You are aged 13 or over.
- You will at all times use the Service in good faith and in a responsible manner
- You will not allow anyone other than yourself and RecommendBox to access your account.
- You will use the Service solely for your own benefit and shall not sell, lease, assign, lend, hire or gift any part of the Service in whole or in part to any other person without RecommendBox's prior written approval.
- You will use the Service only for lawful purposes and in a manner which does not infringe the rights of or restrict or inhibit the use of the Service by any Member and/or RecommendBox.
- Comply with all terms of Members Conduct and Member Account Registration of the TOU.
D. Security and Member Privacy
You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are responsible for any and all Member accessible activities that occur under your account. You agree to notify RecommendBox immediately on becoming aware of any unauthorized use of your password or account or any other breach of security.
RecommendBox has put in place security measures to protect against the loss, misuse and alteration of the information collected. Our web servers are locked in cages in a highly secure internet data center. A 'firewall' (an internet security device) sits between the RecommendBox website and the internet to help prevent any unauthorized user from accessing any data.
You agree that RecommendBox and its authorized employees can access your account, including its contents as stated above, or to respond to support queries or technical issues or to fulfill the obligations under this Agreement.
RecommendBox understands and respects your rights of privacy. It is because of this philosophy that subject to the exclusions below, your personal details provided to RecommendBox will not be sold or otherwise distributed to third parties.
RecommendBox reserves the right at all times to monitor, review, retain, and/or disclose in good faith any information it believes in good faith that such action or disclosure is necessary to conform to legal and government requirements, or to protect and defend the rights or property of RecommendBox or enforce the Terms.
.RecommendBox reserves the right to collect and distribute non-personal demographic information to third parties. As such this information would not contain any information that would allow your identity to be deduced.
E. Member Account Registration
To register as a RecommendBox Member, you agree to:
- Provide us with current, complete and accurate information about yourself (the registration data);
- Maintain and promptly update the registration data to keep it current, complete and accurate at all times;
- To represent only yourself on the Service, and no other persons, living, dead, or imagined.
If you provide any information that is not current, or is incomplete or inaccurate, or RecommendBox has reasonable grounds to believe that such information is not current, or is incomplete or inaccurate, RecommendBox has the right to suspend or terminate your membership, and refuse any and all current or future use of the Service.
Under no circumstances do RecommendBox have any obligations under the Agreement to check the accuracy or truthfulness of the registration data of any Member.
F. Member Conduct
As a condition of your use of the Service, you guarantee to RecommendBox that you will not use the Service for any purpose that is unlawful and / or prohibited by these terms, conditions, and notices.
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree NOT to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
- Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.
- Create a false or misleading identity of, including, but not limited to, a RecommendBox employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
- Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
- Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right ('Rights') of any party or infringes any intellectual property law or any other applicable law.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
- Interfere with another member's use and enjoyment of the Service.
Without prejudice to the Security and Member Privacy of the Terms, RecommendBox has no obligation to monitor the Service or any member's use thereof.
G. Content Posted
RecommendBox may delete any Content that in the sole judgment of RecommendBox violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. RecommendBox assumes no responsibility for monitoring the Services for inappropriate Content or conduct.
You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Members and for your interactions with other Users.
By displaying or publishing ("Posting") any Content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, "Content") on or through the Services, you hereby grant to RecommendBox, a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Services. This license will terminate at the time you remove such Content from the Services. You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Services.
H. RecommendBox's Proprietary Rights
You acknowledge and agree that the RecommendBox content including but not limited to (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout (6) design presented through and as part of the Service by RecommendBox (collectively the "Design") is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
Such Design received through the Service may be displayed, reformatted, and printed by you for your personal, non-commercial use only and at all times used solely in connection with the Service in accordance with the Terms.
Certain of the names, logos, and other materials displayed on the RecommendBox web site constitute trademarks, copyright and other intellectual property collectively referred to as 'IP rights' of Recommendations Ltd. You agree that Recommendations Ltd retains and owns all right, title and interest in the Design and IP Rights, and that the Terms does not transfer or convey to you any ownership right, title or interest in or to the Design and IP Rights, and that you will not contest or challenge the ownership of the Design and IP Rights.
I. Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT:
- Your use of the Service is at your sole risk.
- The Service is provided on an 'as is' and 'as available' basis and the warranties on the part of RecommendBox contained in this Terms are given in place of and replace, exclude and extinguish all and every other condition or warranty whatsoever on the part of RecommendBox, written or oral, whether express or implied by statute, regulation, directive or any other legislative or administrative enactment, common law, trade usage, custom or otherwise to the full extent permitted by law. EXCEPT AS EXPRESSLY PROVIDED HEREIN, RECOMMENDBOX EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, PERFORMANCE, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE.
- The information and content included in or available through the Service may include inaccuracies or typographical errors.
- Changes are periodically added to the information contained with the Service and RecommendBox and/or its respective suppliers may make improvements and/or changes in the Service at any time.
- No advice or information, whether oral or written, obtained by you from RecommendBox or through the Service shall create any warranty not expressly stated in the Terms.
Except as otherwise expressly provided in the Terms, RecommendBox does NOT represent or warrant that:
- The Service will meet your requirements.
- The Service will be uninterrupted or error-free, timely or secure.
- Defects or errors will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components.
- The use of or the results of the use of the Service or the content made available as part of the Service will be correct, accurate, timely, or otherwise reliable.
- The content of the Service input by other members is correct or accurate.
J. LIMITATION OF LIABILITY
YOU AGREE THAT RECOMMENDBOX SHALL NOT BE RESPONSIBLE OR LIABLE FOR:
- UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
- ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT, SAVE THAT RECOMMENDBOX SHALL BE ENTITLED TO REMOVE IT IN ALL PRACTICABLE SPEED AFTER RECOMMENDBOX HAS BEEN NOTIFIED IN WRITING OF ITS PRESENCE ON THE SITE.
- CONDUCT OF ANY OTHER MEMBER OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
- ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION. WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE - EVEN IF RECOMMENDBOX OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.IF YOU ARE DISSATISFIED WITH THE SERVICE OR ANY PART OF THE SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEBSITE.
- AT ALL TIMES AND IN ANY EVENT THE TOTAL LIABILITY OF RECOMMENDBOX TO ITS MEMBERS SHALL BE LIMITED TO THE TOTAL ANNUAL MEMBERSHIP FEE PAID BY THE INDIVIDUAL MEMBER TO RECOMMENDBOX.
K. Indemnification
You agree to indemnify, defend and hold harmless Recommendbox, its parents, subsidiaries, affiliates, officers and employees from any claim, demand, or damage, including reasonable legal fees, asserted by any third party due to or arising out of your use of or conduct on the Service.
L. Modification and Termination of the Service
You agree that RecommendBox, in its sole discretion, may terminate your password, account or use of the Service, and remove and discard any content within the Service, for any reason, including without limitation, if RecommendBox believes that you have violated or acted inconsistently with the letter or spirit of the Terms.
RecommendBox may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the Service, or any part thereof, with or without notice. You agree that any termination of access to the Service under any provision of the Terms may be effected without notice, and acknowledge and agree that RecommendBox may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service UNLESS agreed in writing with RecommendBox. Nevertheless, where possible, RecommendBox will use reasonable endeavors to give Members fair notice of termination or suspension of their access to the Service.
Further you agree that RecommendBox shall not be liable to you or any third party for any termination or suspension of access to the Service or modification of the Service.
M. Modification to the Terms
RecommendBox reserves the right to change the Terms or policies regarding the use of the Service at any time. Modifications of Terms will appear on the Terms of Use page.
RecommendBox reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that RecommendBox shall not be liable to you or any third party for any modification to or discontinuance of the Service.
N. Terms Violations
Please report any violations of the Terms to Customer Support via Contact Us
O. Entire Agreement
These Terms constitute the entire agreement between RecommendBox and the Member and supersede any previous agreement or understanding between RecommendBox and the Member.
P. Governing Law
These Terms shall be governed in all respects by UK law without reference to its conflict or choice of law rules or principles, and the parties submit to the exclusive jurisdiction of the UK courts located in London, England.
