1. Introduction. This Agreement is a legal document which sets out your rights and obligations, and those of Trim WarnerLimited, a company registered in England under registration no. 04712669 ("Blazered", "we" or "us"), in relation to this site and the services offered by Blazered through it (the "Blazered Service"). You must take the time to read and understand it, before registering for the Blazered Service. By registering, you accept that you are entering into a contract with us on the terms of this Agreement. Visitors to the Blazered Service who do not register to become a Member (see 2 below) similarly affirm that they are bound by this Agreement each time they access the Blazered Service. You should be aware that this Agreement may change from time to time in accordance with Clause 23 below.
2 Types of membership.People who register for the Blazered Service become "Members".
- post their name and some other details in the articles for sale and other categories which appear on the Blazered Service (limited to 3 items);
- receive emailed messages, which will be sent to the email address contained in My Blazered Page (which are provided during Registration and may be updated subsequently), from Full Members in response to your advertisements; and
- receive telephone calls (mobile or fixed line including text messages) to the telephone numbers contained in the My Blazered Page (which are provided during Registration and may be updated subsequently), from Full Members in response to your advertisements.
In addition to these facilities Members may:
- view contact details of other Members in relation to items being sold;
- list 6 schools against their Profile on their My Blazered Page;
- list 20 items for sale at any given point during their subscription period;
- upload photographs when and where this feature is enabled.
We are not an internet service provider. In order to avail of the Blazered Service, you must have internet access and all the software (and skills) required for email and web usage.
3. Registration. You undertake to register for the Blazered Service using accurate and current information about yourself - including your correct name, address and any other requested details.
5 Blazered's Role. You, whether you are a Member or just a non-Member who visits the Blazered Service, acknowledge that we are not and cannot be responsible for the behaviour of Members - whether on the Blazered Service or outside of it. We only provide a venue where the Blazered Service may be accessed. In particular, you should be aware that Blazered does not pre-screen or monitor the material contributed by Members.
6 Additional services. Blazered or its affiliates may offer new or additional services through the Blazered Service from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Provided that those terms or rules are notified to you on the Blazered Service in an appropriate manner (as determined by Blazered in its reasonable discretion), any failure by you to comply with a material provision of the terms or rules governing those services will amount to a breach of this Agreement.
7 Operation of Blazered Services. Blazered reserves the right to withdraw or modify one or more aspects of the Blazered Service, or the entirety of it, where we have legal or commercial reasons to do so. There may also be times when the Blazered Service becomes inaccessible as a result of technical difficulties experienced by Blazered or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control.
8 Misuse of Blazered Service. We reserve the right (a) to suspend or terminate any Member's access to the Blazered Service, or parts of it, and/or (b) to edit, or require the Member to edit, material posted on the Blazered Service, if the relevant Member or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, the Blazered Service without our prior consent. You are responsible for everything which is done on or through the Blazered Service while your Membership account is logged on to the Blazered Service, or through your email address(es).
10 Relevance. The Blazered Service is intended to be used by its Members for the purposes referred to in Clause 2 above. Accordingly, Members must not:
- include an email address, postal address, phone number, the address of any website, or any other information which is intended to facilitate direct communication, in material which is posted on the Blazered Service - Full Members, and the recipients of their emails, can share this information, should they wish, once direct contact has been made;
- place material on, or otherwise use, the Blazered Service for any business or commercial purpose; or
- use your access to the Blazered Service, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam).
11 Prohibitions. You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the Blazered Service, nor any activity or communication you make in connection with any Blazered Service, will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortious or otherwise, or (c) appearing to be offensive, threatening, obscene, pornographic, false, unreliable or misleading.
12 Alerting Blazered. If you see anything on the Blazered Service which appears to infringe this Agreement, then please contact us to inform us of it by using the "Report a Problem " function, or by emailing us. We do not generally monitor material contributed by Members before it is placed on the Blazered Service, and so we are reliant upon users to point out any which infringes this Agreement.
13 Withdrawal of material and Termination of Membership. Each Member acknowledges that we are entitled to withdraw any material on the Blazered Service which appears whether based on information received from Members or others, or our own determination to be capable of breaching any part of this Agreement, or to bring the Blazered Service into disrepute. However, each user acknowledges that we do not monitor material which appears on the Blazered Service, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach this Agreement, using the notification techniques which are made available on the Blazered Service.
14 Disclaimer and Release. Blazered has no control over or responsibility for the truth or accuracy of any material available on the Blazered Service, whether provided by Members or others.
- If any third party sites are linked to from the Blazered Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.
- You should exercise no lesser degree of caution in appraising what you see on the Blazered Service than you do offline.
- Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.
- Your use of the Blazered Service is entirely at your own risk.
Accordingly, to the extent that the law permits, you release Blazered, its directors, contractors and employees from all liability arising out of or in connection with the Blazered Service and the material included here by Members and other third parties.
15 Intellectual Property. You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the Blazered Service (including the material which is contributed by Members) are owned by Blazered. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the Blazered Service, or any of the material which is found on the Blazered Service unless properly licensed to do so by us.
By submitting any material to the content to the Blazered Service, you:
- are representing that you are fully entitled to do so;
- grant us a non-exclusive, royalty-free, non-terminable licence right to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere; and
- authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.
16 Excluded loss. We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). Blazered will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.
17 Maximum liability. Without limiting the preceding Clause, during any period of twelve months, the aggregate liability of Blazered under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed £5, or (b) an amount equal to the sums paid by you to us by way of Full Membership fees during the relevant period of twelve months, regardless of the cause or form of action.
18 Non-excluded Liabilities. Nothing in this Agreement limits Blazered's liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.
19 Indemnity. You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access the Blazered Service.
20 Assignment. We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of Blazered assign or dispose of this Agreement.
22 Changes to this Agreement. Blazered reserves the right to change this Agreement from time to time, and post the new version on the Blazered Service. When we do so, we will notify you of the fact that there are changed terms on the main screen ( www.blazered.co.uk) , and the new version of these terms and conditions will take effect, and will govern all Blazered Services and your relationship with Blazered:
- commencing four weeks after the date of posting (or such later date as Blazered indicates in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the Blazered Service; or
- immediately upon the date of posting (or such later date as Blazered indicates in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to one or more of Blazered's addresses or email addresses referred to in this Agreement.
23 Severability. In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
24 Law. This Agreement shall be governed by and construed in accordance with the laws of England and Wales .
25 Keeping this Agreement. We don't separately file the individual Agreements entered into by members when they register for the Blazered Service. You can access it at www.blazered.co.uk . Please make a durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer.
26 Contact. You can contact us by post at Tideways, 2 Tower Street, Portsmouth, PO1 2JR. Please make sure you include your email address with all correspondence.
If you have any concerns, please feel free to contact us.
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