The Member Agreement below is effective for all members
Last updated 23 August 2004

ClickAunty MEMBER TERMS AND CONDITIONS

Please read this Member Terms and Conditions Agreement (the "Agreement") carefully. The Agreement sets out the terms under which ClickAunty services (the "Services") are provided to you by us through the www.ClickAunty.com website (the "Site"). By registering with ClickAunty, you become a member of the Service (a "Member"), and you agree to be bound by the terms and conditions of this Agreement (the "Terms") for as long as you continue to be a Member. Visitors to the Service who do not register to become a Member similarly affirm that they are bound by this Agreement each time they access the ClickAunty Service. If you do not agree to the Terms, please do not register for the ClickAunty Service or otherwise access or use this Site.

We reserve the right at any time to:

· Change the terms and conditions of this Agreement;

· Change the Site, including eliminating or discontinuing any content on or feature of the Site; or

· Change any fees or charges for using the Site.

Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting on the Site or email. Your use of the Site after such notice will be deemed acceptance of the changes. Be sure to review this Agreement periodically to ensure familiarity with the most current version. Upon our request, you agree to sign a non-electronic version of this Agreement.

1. Eligibility

You must be at least 18 years old to register on or use the ClickAunty website. Access or use of this site or its contents by any person under the age of 18 is strictly prohibited. The Service is for the personal use of individual members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members and should not use the Service for any purpose. Membership in the Service is invalid where prohibited.

2. Registration and Subscription

To become a Member you must register with us. When and if you register to become a Member, you agree to provide accurate, current and complete information about yourself as prompted by our registration form ("Registration Data"), and to maintain and update your information to keep it accurate, current and complete. You agree that we may rely on your Registration Data as accurate, current and complete. You acknowledge that if your Registration Data is untrue, inaccurate, not current or incomplete in any respect, we reserve the right to terminate this Agreement and your use of the Site.

By becoming a Member, you represent and warrant that you are at least 18 years old, which is the minimum required age to become a Member. However, we cannot guarantee that each Member is at least the required minimum age, neither do we accept responsibility or liability for any content, communication or other use or access of the Site by persons under the age of 18 in violation of these Terms.

Your membership in the Service is for your sole, personal use. You may not authorise others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity.

Registering as a member of the Service is for free but if you wish to communicate with other members and use certain other parts of the Service, you must become a subscriber and pay the fees that are set out in the price list. This price is part of this contract. We can change the subscription fees for the Service at any time but we will give you reasonable notice before we do so. If you are unhappy with any subscription fee changes you may terminate your membership by sending us an email at info@clickaunty.com.

3. Username & Password

As part of the registration process, you will be asked to select a username. We may refuse to grant any username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as we determine in our sole discretion. You are responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

4. Online Conduct

Illegal and/or unauthorized uses of the Web site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Web site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

We are entitled to review and delete any content, messages, Whisper messages, photos or profiles (collectively, "Content") that in our sole judgment violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other members.

By posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

We are entitled to investigate and revoke a person’s membership if a member has misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. As a Member, you agree that:

· You are solely responsible for the content or information you publish or display (hereinafter, "post") on the Service, or transmit to other Members

· You will not post on the Service, or transmit to other Members or employees, any defamatory, inaccurate, abusive, obscene, profane, offensive sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Please notify us by by sending an email to info@clickaunty.com of any material contained in the Service that you believe infringes these rules.

· You will use the Service in a manner consistent with any and all applicable laws and regulations. You will not include in your profile any telephone numbers, street addresses, last names, URLs, e-mail addresses, offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, or any confidential information of any third person, and you will not post any photographs or other images containing nudity or such personal information. ClickAunty reserves the right, but has no obligation, to reject any profile or photograph or image that does not comply with these prohibitions.

· You will not impersonate any person or entity.

· You will not use patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

· You will not "stalk" or otherwise harass any person.

· You will not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You will not transmit any chain letters, spam or junk email to other Members.

· You will not express or imply that any statements you make are endorsed by us, without our specific prior written consent.

· You will not harvest or collect personal information about other Members whether or not for commercial purposes, without their express consent.

· You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.

· You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.

· You will not remove any copyright, trademark or other proprietary rights notices contained in the Site.

· You will not interfere with or disrupt the Services or the Site or the servers or networks connected to the Services or the Site.

· You will not post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Please notify us by sending an e-mail to info@clickaunty.com of any material contained in the Service that you believe infringes these rules.

· You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.

· You will not "frame" or "mirror" any part of the Site, without our prior written authorisation. You also shall not use metatags or code or other devices containing any reference to http://www.clickaunty.com or the Service or the Site in order to direct any person to any other website for any purpose.

· You will not modify, adapt, sub-license, translate, sell, reverse engineer, decipher, de-compile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so.

· You are solely responsible for your interactions with other Members. ClickAunty reserves the right, but has no obligation, to monitor disputes between you and other Members.

5. Term and Termination

This Agreement will remain in full force and effect while you are a member of the Service. Under the United Kingdom Consumer Protection (Distance Selling) Regulations 2000, you can postpone commencement of the Service until the seven working day cooling-off period has expired. However, if you choose to become a member and enter the Web site, you are electing to commence the Service immediately and you thereby waive any right to cancel the Service under these regulations.

You may terminate your membership at any time, for any reason, effective upon receipt by us of your written or email notice of termination. You may contact us at our address listed below or you may email us at info@clickaunty.com.

We may immediately terminate your membership and your access to the Service because you have breached this Agreement and will send you notice of termination at the email address you provide in your application for membership or such other email address as you may later provide to us. If we terminate your membership in the Service because you have breached the Agreement, we will refund any pre-payments made by you less reasonable costs and losses we have incurred. We can terminate this contract at any time by giving you reasonable advance written notice.

6. Indemnity by Member

You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of or from (i) your breach of this Agreement; (ii) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) your activities in connection with the Site. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

7. Online Content

Opinions, advice, statements, offers or other information or content made available through the Service are those of their respective Member-author and not of ClickAunty.com, and should not necessarily be relied upon. Such Members are solely responsible for such content. ClickAunty.com does not guarantee the accuracy, completeness or usefulness of any information on the Service and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will ClickAunty be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Service or transmitted to Members.

The Site may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy or inappropriate nature of any content, advertising, products, services or information located on or through any other websites or for the operation or policies of any such websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such websites or such content or other information.

WARNING - PLEASE READ: It is possible that other Members or users (including unauthorised users, or "hackers") may post or transmit offensive or obscene materials on the Service and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. ClickAunty is not responsible for the use of any personal information that you may choose to disclose on the Service. Please carefully select the type of information that you post on the Service or release to others.

ClickAunty reserves the right, but has no obligation, to monitor the materials posted in any area of the Service. ClickAunty shall have the right but not the obligation to remove any such material that violates, or is alleged to violate, the law or this Agreement. Notwithstanding this right of ClickAunty, you remain solely responsible for the content of the materials you post in any area of the Service and your private email messages. E-mails sent between you and other Members that are not readily accessible to the general public will be treated as private by ClickAunty to the extent required by applicable law and pursuant to the commercially reasonable efforts of ClickAunty.

We do not exclude any liability for death or personal injury due to our negligence.

8. Our Responsibilities

We will operate the Web site for the Service with the reasonable skill and care of an online service provider.

We will do our best to maintain the operation of the Web site for the Service, however, we may need to temporarily suspend the service for operational reasons (e.g. for repairs, planned maintenance or upgrades). We promise to restore the service as soon as possible after any suspension.

We reserve the right to make changes to the Service from time to time provided that they do not have a material adverse effect on the quality of the Service.

If we cannot do what we have promised in this contract because of something beyond our reasonable control (including, without limitation, disputes involving our employees), we will not be liable for this.

9. Proprietary Rights

ClickAunty owns and retains other proprietary rights in the Services and the Site. The Services and the Site contain the copyrighted material, trademarks and other proprietary information and software of ClickAunty and its licensers. In addition, other Members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary information. By posting information or content to any area of www.ClickAunty.com, you automatically grant, and you represent and warrant that you have the right to grant, to ClickAunty and other Members an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorise sub-licenses of the foregoing.

10. Information Supplied by Member

We will respect your personal information and undertake to comply with all applicable data protection legislation in the UK and other jurisdictions in which we offer the Service, subject to the Privacy Policy of ClickAunty.

The personal information (including sensitive personal information) you provide to us will be stored on computer. You consent to us using this information to build up a profile of interests, preferences and browsing patterns and to allow you to participate in the ClickAunty Service. All Members also agree to uphold and maintain our Privacy Policy and to the terms and conditions thereof. You may read a full description of our Privacy Policy.

11. Disclaimer of Warranty

ClickAunty PROVIDES THE SERVICE AND THE SITE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH ClickAunty OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE SITE. ClickAunty SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. ClickAunty DOES NOT WARRANT THAT YOUR USE OF THE SERVICE OR THE SITE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE OR THE SITE WILL BE CORRECTED. ClickAunty DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, TELEPHONE OR OTHER SERVICE, INCLUDING COVERAGE, RANGE, OR ANY INTERRUPTION IN TELEPHONE OR OTHER SERVICE.

12. Limitation of Liability

IN NO EVENT WILL ClickAunty BE LIABLE (i) TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR THE SITE, EVEN IF ClickAunty OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (ii) TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANY CONTRARY PROVISION HEREIN BUT SUBJECT TO THE FOREGOING LIMITATION ON LIABILITY, IN ALL EVENTS OUR 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 ClickAunty FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

In addition, ClickAunty disclaims all liability, regardless of the form of action, for the acts or omissions of other Members or users (including unauthorised users, or "hackers") of the Service.

We do not exclude any liability for death or personal injury due to our negligence.

13. Copyright Policy

We respect the intellectual property of others, and we ask our Members to do the same. If you believe that a copy of your work is available on the Service without your consent or that a copyright infringement has otherwise occurred, please supply us with the following information:

· A description of the copyrighted work that you claim has been infringed;

· Details of where the infringing material is located on the Site;

· Your address, telephone number and e-mail address;

· A statement by you that you believe in good faith that the use of the work on the Site is not authorised by the copyright owner or any person entitled to act on their behalf or by law; and

· An affidavit executed by you that the information you provide concerning the copyright infringed is accurate and that you are the copyright owner authorised to act on their behalf.

Please deliver this information to: ClickAunty at our address below.

14. Complaints

To resolve a complaint regarding the Service or the Site, you should contact ClickAunty Customer Support at info@clickaunty.com

15. General Provisions

This Agreement with you, set out in these Member Terms and Conditions, is governed by and construed in accordance with the laws of England and Wales. In the event of any dispute regarding these Terms or the Service or the Site or any matter related thereto you and we submit to the non-exclusive jurisdiction of the English Courts.

This Agreement, accepted by you upon registering for the Service, contains the entire agreement between you and ClickAunty regarding the Service and the Site, including the ClickAunty Privacy Policy. In the event of any conflict between the Privacy Policy and this Agreement, this Agreement shall control. Unless otherwise explicitly stated, the Terms will survive termination of your membership to the Service. This agreement shall terminate immediately and without notice if you breach any of the Terms, subject to the survival of all rights and reservations of ClickAunty. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

The Member certifies that the Member has read and agrees to be bound by these Member Terms and Conditions.

If you have any questions you can contact us on info@clickaunty.com or by post to 23 Riddy Lane, Luton, LU3 2AD, United Kingdom.