We may amend this User Agreement at any time by giving you notice ("Notice") by either e-mail or by posting the amended User Agreement on the Site. Any amended User Agreement will govern new user registrations from the date that it is posted on the Site. Existing users will be bound by the amended User Agreement after the expiry of 30 days following the date of a Notice. No other amendment to this User Agreement will be effective.
This User Agreement is effective on 1 June 2005.
You must choose a Username and password. You are responsible for all actions taken under that Username and password and shall only use or utilise the Site using your own Username and password. You must use every effort to keep your password safe and should not disclose it to any other person. You shall not transfer or sell your Username to any other person. You shall also not permit, either directly or indirectly, any other person to utilise your User name or password.
- Identity verification
We use many techniques to verify the accuracy of the information our users provide to us when they register on the Site. However, because user verification on the Internet is difficult, Flowmaster cannot and does not confirm the purported identity of users or the validity of the information which users post to the Site.
2.1 Liability. In the event that you have any right, claim or action against any other user arising from that user's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release Flowmaster (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.
2.2 Information Control We do not control the information provided by other users which is made available through the Site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense when using the Site. By using this Site, you agree to accept such risks and agree that Flowmaster is not responsible for the acts or omissions of users on the Site.
- Your Information
3.1 Definition "Your Information" is defined as any information you provide to us or other users in relation to the Flowmaster service including the registration and your postings on the message boards. You are solely responsible for Your Information and we act as a mere conduit for your online distribution and publication of Your Information.
3.2 Restrictions Your Information and your activities on our Site must not:
- be false, inaccurate or misleading
- be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
- infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
- be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising);
- be obscene, indecent or contain child pornography;
- create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
- contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
- cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired.
3.3 Licence To enable Flowmaster to use Your Information, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity, and database rights you have in Your Information, in any media now known or not currently known. You also waive all moral rights you have in Your Information to the fullest extent permitted by law.
3.3 Privacy. Flowmaster Ltd will not sell or rent Your Information. However we reserve the right to contact you via email regarding the services we provide on the Site
3.5 Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Flowmaster and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. We do not authorise you to extract or re-utilise substantial parts of our Site, or to make systematic and repeated extractions or re-utilisations of insubstantial parts of our Site.
3.6 Your Use of Other Users' Information. In order to facilitate interaction among all Flowmaster community members, our service allows you limited access to other users' contact information. As a member of the Flowmaster community you have access to the Username of any user that posts a message in our message boards By accepting this User Agreement, you agree that, with respect to other users' personally identifiable information that you obtain through the Site you may only use such information for: referencing between messages on the Flowmaster message board
Note that law enforcement personnel, and other rights holders are given different rights with respect to information they access
Without limiting our other remedies, we may limit your activity on the Site, immediately issue a warning, suspend or terminate your user registration and refuse to provide our services to you without notice to you: (a) if you breach this User Agreement (b) if, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause us financial loss or legal liability.
- Term & Termination of service
The Term of this agreement runs indefinitely until such a time that you or Flowmaster Ltd agree to cease using the service provided on the Site. Flowmaster Ltd reserves the right to terminate or modify the services provided on the Site without notifying its users.
- Transfer of Data
We view protection of users' privacy as a very important community principle. Please note that Your Information will be stored and processed on computers that host other websites and web based services that are not owned or controlled by Flowmaster Ltd. We will hold and transmit Your Information in a safe, confidential and secure environment. If you object to your Information being transferred or used in this way please do not register.
- No Warranty
We (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Our website and our services are provided as is and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
- Limitation of Liability.
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our, agents or employees. Subject to the foregoing, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you.
We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.
Unless otherwise explicitly stated, notices to Flowmaster must be sent by registered mail to Flowmaster Ltd, The Maltings, Pury Hill, Alderton Road, Towcester, NN127TB, UK, and notices to you will be sent to the email address that you provide to Flowmaster during the registration process (receipt is deemed 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail.
- Governing Law and Legal Compliance.
This User Agreement shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts.
The laws of your country may be different from English law.
- Third Party Rights.
A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.
If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. You agree that this User Agreement may be automatically assigned by Flowmaster, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. You and Flowmaster are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of this User Agreement.