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Terms and Conditions1. ACCEPTANCE OF TERMS RIBA Enterprises Ltd and the Royal Institute of British Architects ('RIBA' 'We', 'Us') provides its service to its subscribers ('you'), subject to the following Terms and Conditions, which may be updated by us from time to time without notice to you. You can review the most current version of the Terms and Conditions at any time at: http://www.pedr.co.uk/terms1.asp. OWNERSHIP AND COPYRIGHT All intellectual property rights and goodwill relating to the Service and its content belong to the RIBA. All information (both software and data) contained therein is Copyright © 2001. 3. DESCRIPTION OF SERVICE The RIBA currently provides subscribers with access to its PEDR website (the "Service"). You understand and agree that the Service is provided "AS-IS" and that the RIBA assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalised settings. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. 4. YOUR REGISTRATION OBLIGATIONS In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the RIBA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the RIBA has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). 5. RIBA PRIVACY POLICY We collect personally identifiable information when you register for the Service. This information is used to confirm that you are who you say you are and to enable the payment mechanism to be set up. To this end, we will disclose the personally identifiable information to carefully selected third parties. We may also use the information to tailor the Service to your needs and to produce statistical reports regarding the use of the site. We will not sell, rent or disclose your personally identifiable information for any other purpose. 6. MEMBER ACCOUNT, PASSWORD AND SECURITY
During the registration process you will be asked to enter a password. You are responsible for
maintaining the confidentiality of the password and account, and are fully responsible
for all activities that occur under your password or account. You agree to (a)
immediately notify the RIBA of any unauthorised
use of your password or account or any other breach of security, and (b) ensure
that you logout from your account at the end of each session. The RIBA cannot and will not be liable for any loss or damage arising
from your failure to comply with this Section 6. 7. SUBSCRIBER CONDUCT AND RESALE OF SERVICE
You agree that all information downloaded or printed from the Service is for
your personal use. You may not commercially exploit the Service either in full
or in part. 8. GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that the RIBA may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that a new subscriber may access the Service without charge, and the frequency with which data provided by the Service is updated. You acknowledge that the RIBA reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that the RIBA reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. 9. TERMINATION You agree that the RIBA, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if the RIBA believes that you have violated or acted inconsistently with the letter or spirit of the Terms and Conditions. The RIBA may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms and Conditions may be effected without prior notice, and acknowledge and agree that the RIBA 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. Further, you agree that the RIBA shall not be liable to you or any third-party for any termination of your access to the Service. 10. LINKS
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because the RIBA has no control over
such sites and resources, you acknowledge and agree that the RIBA
is not responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any Content, advertising,
products, or other materials on or available from such sites or resources. You
further acknowledge and agree that the RIBA shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance on any such Content,
goods or services available on or through any such site or resource. 11. The RIBA PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that Content contained in sponsor advertisements
or information presented to you through the Service or advertisers is protected
by copyrights, trademarks, patents or other proprietary rights and laws. Except
as expressly authorised by the RIBA or advertisers, you agree not
to modify, rent, lease, loan, sell, distribute or create derivative works based
on the Service or the Software, in whole or in part. 12. DISCLAIMER OF WARRANTIES
You expressly understand and agree that: 13. LIMITATION OF LIABILITY You expressly understand and agree that the riba shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the riba has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. 14. EXCLUSIONS AND LIMITATIONS Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 13 and 14 may not apply to you. 15. NOTICE Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Terms and Conditions or other matters by displaying notices or links to notices to you generally on the Service. 16. GENERAL INFORMATION
The Terms and Conditions constitute the entire agreement between you and the RIBA and govern
your use of the Service, superseding any prior agreements
between you and the RIBA pertaining to the supply of this Service.
The Terms and Conditions and the relationship between you and the RIBA shall be governed by
the laws of England. The failure of the RIBA to exercise or enforce any right or provision of the Terms and Conditions
shall not constitute a waiver of such right or provision. If any provision of
the Terms and Conditions is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavour to give
effect to the parties' intentions as reflected in the provision, and the other
provisions of the Terms and Conditions remain in full force and effect. You
agree that regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Service or the Terms and Conditions
must be filed within one (1) year after such claim or cause of action arose
or be forever barred. |
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