Terms and Conditions
Date of last revision: 03/10/2017.
- Eligibility. By registering/using the Site you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the terms and conditions of this Agreement. (Membership of this Site is invalid where it has been prohibited).
- Term and Termination. a) This Agreement shall remain in full force and effect whilst you use the Site and/or are a member (defined as having created a "profile"). b) You may disable your profile at any time (for any reason) by (e.g.) cancelling your subscription. You may also write/email this intention to Us, which upon receipt, your Profile shall be disabled (within a reasonable amount of time). c) The Company reserves the right to terminate your membership at any time (for any reason). This includes (but is not limited to) the fact that you may have breached the terms of this Agreement, and in doing so, the Company shall send notice to you of this termination at the email address you provided at registration (or other email address that you may later of provided Us with when editing your profile). d) Either you or Us terminating this Agreement shall result in you being unable to gain access to membership-restricted features of this Site. If you disable your Profile (e.g. by cancelling your subscription) - then you may re-enable it within a reasonable period of time (e.g. by subscribing again) - however the Company reserves the right to destroy any disabled profiles (and associated information - at the Company's sole discretion).
- Commercial and Non-commercial use. a) This Site is for the personal use of individual members (e.g. artists and authors), although businesses may also become members (as defined in 3b). b) Organisations, companies, and/or businesses may become members - BUT MAY NOT use the Site for any purpose of sending unsolicited communication (e.g. email) - NOR MAY THEY participate in illegal/unauthorised gathering of user names and/or email addresses. c) Unauthorised framing and/or linking to the Website may be investigated, and the Company reserves the right to take appropriate legal action (including without limitation): civil, criminal and injunctive redress.
- Site features. a) The Company reserves the right to add or remove Site features at any time (without prior notice) at Our sole discretion. b) At present - standard Profile Site features are free: including (but not limited to): the ability to submit a link. c) The Company reserves the right to change what features are deemed free at any time (without prior notice) at Our sole discretion. d) You should be aware that features such as advertising on the Site (through the Nebula Hawk Battleship Seaport's Artists Network) are not free - and the Company reserves the right to modify Our "advertising policy" at any time (without prior notice). e) Caching is enabled for various features of this Site (to enhance your browsing experience). Because of the nature of caching, you should be aware that its possible for you to view "outdated" data when using the Sites features. The Company reserves the right to decide how and when such caches are refreshed (whether this be an automated process of the Site and/or manually).
- Affiliates. a) When ordering goods/products/services from Site affiliates and/or advertisers - the relevant affiliate/advertiser is solely responsible for supplying the goods/products/services (and not the Company). Any correspondence from you regarding such orders should be directed to the relevant affiliate/advertiser (and not the Company). b) The Company is not responsible for any differences in goods/products/service descriptions (including their availability and prices) when "served" from including (but not limited to): i) Site cache (i.e. static version generated from "at the time" affiliate dynamic data). ii) Dynamic data (retrieved in "real-time" from the affiliate).
- Service Access. a) Although the Company endeavours to ensure that this Site is usually available twenty-four hours a day, We do not guarantee that it will be uninterrupted or error free. b) The Company reserves the right to disable/turn-off the Site when "down" for routine maintenance - including (but not limited to): i) administrative tasks. ii) later release versions/upgrades. iii) planned maintenance/repairs. c) The Company shall endeavour to limit the amount of time the Site is "down" - but in some circumstances this may not be possible (see disclaimers).
- Proprietary Rights in Content. a) The Company owns and retains all proprietary rights in the Service. b) The Service contains the copyrighted material, trademarks (Viktoriánkuah, Nebula Hawk, Nebula Hawk Battleship Seaport, Nebula Hawk Battleship Seaport's Artists Network) and other intellectual property and proprietary information of the Company. c) Except for that information which is in the public domain (e.g. an image of yourself) or for which you have been given written permission, you may not: copy/create derivative works from, display, distribute, license, modify, perform, publish, reproduce, sell, re-sell, transfer or transmit any such intellectual property or proprietary information. You grant Us on a perpetual basis a non-exclusive, royalty-free licence to use, copy, display, perform, distribute, adapt and promote the content you post to the Service in any medium and you agree that We may sub-license such content to third parties.
- Prohibited Activities. The following is a list** of the kind of activities that are prohibited on the Site. i) You shall not use any technology to interrogate or circumvent the features of the Service or its contents - including (but not limited to) using any robot, spider, site search/retrieval application, or other automatic/manual device to retrieve, index, or "data mine". ii) You shall not use software to reverse engineer the Site (or cause others to do so). iii) You shall not hack, interfere with, or disrupt the Service (including its servers, networks, connected/embedded services and various internet protocols/technologies). iv) You shall not post, email or transmit any data/material that contains viruses, spy-ware, script or any other computer code that is designed to impact the Service). v) You shall not frame (or mirror) any part of the Service without Our prior written authorisation. This includes: using meta tags, code or other devices containing reference to the Service (to direct any person to any other website for any purpose). vi) You shall not remove any copyright, trademark or other proprietary rights notices contained in the Service. vii) You shall not post any content which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world. viii) You shall not impersonate another person or entity (e.g. claiming to represent the Company or its employees). ix) You shall not stalk or harass any other user. x) You shall not engage in advertising to, or solicitation of other members to buy or sell any products or services through the Service (other than that which is permitted through the social networking features of this Site). xi) You shall not transmit any chain letter or junk email to other Members. **[The Company reserves the right to modify this list at any time and investigate/take appropriate legal action in its sole discretion against anyone who violates this provision, including (without limitation): removing the offending communication/content from the Service and disabling the membership of such violators].
- Conduct. a) Although the Company is unable to monitor the conduct of its members off the Site, it is a violation of these terms and conditions to use any information obtained from the Service in order to harass, abuse or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent. b) The Company reserves the right (at its sole discretion) to disable a users profile if We believe a user is undertaking such activities. c) You must use the Service in a manner consistent with any and all applicable laws and regulations.
- Copyright Policy. a) You shall not post, distribute, or reproduce in any way copyrighted material, trademarks, or other intellectual property or proprietary information without obtaining the prior written consent of the owner of such proprietary rights. b) Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in anyway that constitutes copyright infringement - please complete form VHCR1 and return it to Us (the form can be found under Our "about" page).
- Membership Disputes. a) You are solely responsible for your interactions with other Site members. b) Despite this, you may report offensive users (e.g.) to Us - although the Company has no obligations to monitor disputes between you and other members.
- Notice. a) You agree that We may send to you in electronic form any notices, disclosures, reports, documents or other communications relating to the Service (collectively, "Notices"). b) We can send you Notices: i) to the email address that you provided to Us during registration (or may later of provided Us with when editing your profile). ii) by posting the Notice on the Service. c) Any Notice from Us shall be deemed effective the day after it is sent or posted by Us. Further to this: i) The Company is not responsible for any differences between Notices and the Content found on the Service (e.g. because of Services dynamic nature). ii) The Company is not responsible for any alteration to Notices whilst in "transit" (e.g. unauthorised alteration - including but not limited to: embedding of a virus by any third party).
- US Export Controls. a) Some portions of this Website are further subject to United States export controls. No software may be downloaded from this Website or otherwise exported or re-exported: i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the US has embargoed goods. ii) to anyone on the US Treasury Departments list of Specially Designated Nationals or the US Commerce Departments Table of Deny Orders. b) By using this Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- Disclaimers. a) The content of this Website is provided "as is" - without any conditions, warranties or other terms of any kind. Accordingly (to the maximum extent permitted by law), the Company provides you with this Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including but not limited to: the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website. b) The Company is not responsible for any incorrect/inaccurate content posted on the Website or in connection with the Service, whether caused by users of the Website, members, or by any equipment or programming associated with or utilised in the Service (including usage of caching). c) The Company does not represent or endorse the accuracy or reliability of any advice, opinions/views, statement or other information that may be displayed, uploaded or distributed through the Service by Us, Our partners or any member or other person or entity. As such, you acknowledge that any reliance upon such information is at your own risk. d) The Company is not responsible for the conduct (whether on-line or off-line) of any user or member of the Website. e) The Company is not responsible for any loss or damage of data that may result from (including but not limited to): deletion, delay, destruction, error, omission, interruption, theft or unauthorised access to or alteration of member communications - including (but not limited to): "hacking", viruses or spy-ware. f) The Company is not responsible for any communications failure (e.g. sending of messages/emails) or loss of service resulting from (including but not limited to): malfunction of any software (e.g. operating system(s), Service process(es)), malfunction of any hardware (e.g. users computer, telephone/network system, servers or providers), or in general: internet traffic congestion. g) Under no circumstance will the Company be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website. h) The Company cannot guarantee (and does not promise) any specific results from use of the Website. i) The Company is not responsible for failing to deliver what We have promised on this Agreement because of something beyond Our reasonable control, including (but not limited to): disputes involving Our employees and/or suppliers. j) The Company is not responsible for any fraudulent profiles or content submissions (that are/were accepted in "good faith" (e.g. because such material appeared non-fraudulent)). k) The Company is not responsible for any content that is deleted because it is considered "out of date" and/or needed to reduce server disk space.
- Limitation on Liability. a) In no event shall the Company be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including any lost profits arising from your use of the Website (even if the Company has been advised of the possibility of such damages). b) Notwithstanding anything to the contrary contained herein, the Company's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid (if any) by you to the Company for the Service during the term of membership. c) Nothing in these terms and conditions shall exclude or limit the Company's liability for death or personal injury caused by negligence.
- Indemnity. You agree to indemnify and hold the Company, its subsidiaries, affiliates, directors, officers, agents, partners and employees, harmless from any loss, liability, claim or demand, (including reasonable solicitor's fees) - made by any third party due to or arising out of the use of the Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. If a dispute arises between one or more users, each of you agree to release the Company, its officers, directors, agents, employees, contractors, and suppliers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
- Terminology. Unless otherwise specified, the term "e.g." (and other similar terms) are deemed to include the term "without limitation" immediately thereafter.
- Modifications to this Agreement. a) The Company reserves the right to modify these terms from time to time (at the sole discretion of the Company), and such modifications shall be effective upon posting by the Company upon this Website (including an updated "date of last revision"). b) As such, you will be deemed to have accepted any alteration/amendment if you continue to use the Service. [Alternatively, you may disable your membership at any time]. c) If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely fulfils the intent of the original provision, and the remainder of the Agreement shall remain in effect.
- Disputes. If there is any dispute about/involving the Website, you agree that the dispute will be governed solely by the laws of England and Wales without regard to its conflict of law provisions. You agree to exclusive personal jurisdiction by and venue in the courts of London, United Kingdom.
- Other. This Agreement contains the entire Agreement between you and the Company regarding the use of the Website. If any provisions of this Agreement are held invalid, the remainder of this Agreement shall continue in full force and effect. If We fail to exercise any right or remedy under this Agreement, that failure won't operate as a waiver of that right or remedy, or prevent it from being exercised in the future.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL THE PROVISIONS CONTAINED ABOVE.