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Terms and Conditions

THE BEAR CLUB
TERMS AND CONDITIONS

1.    Who is this agreement between?

This agreement is made between

1.1    The Bear Club which is a trading name of The Bear Club Limited, Upper Floor, Old Mill House, Bridge Foot, Belper, Derbyshire, DE56 2UA (company registration number 6177396) customerservices@thebearclub.co.uk

1.2    You the user of The Bear Club’s Services.

1.3    This agreement sets out the terms upon which You are authorised to use the Website and the Services which are associated with it.

1.4    We can be contacted by writing to us at the address shown in 1.1 above or by emailing us at fred@thebearclub.co.uk

2.    Words and Phrases used in this Agreement

In this agreement there are a number of words or phrases which are regularly used.  The meanings of these words or phrases are as follows

2.1    “Agreement” means this document and any amendments which you may make from time to time to these terms.

2.2    “The Website” means the Website [www.thebearclub.co.uk} and any other Website which we subsequently use.

2.3    “We” or “Us” or “Our” means The Bear Club Limited whose full address is set out in 1.1 above.

2.4    “The Posting(s)” means any information (whether in written or image form) which you (or other member or user) post to the Website.

2.5    “The Services” means the services which are provided to you as a person who visits the Website either as a visitor or as a member

3.    Who is authorised to use the Website?

3.1    The Website and the Services which are offered by us are for the use only of individuals who are 16 years of age or older.  By using the Services and accessing the Website You are confirming to Us that You are 16 years of age or older.

3.2    By continuing to utilise the Services you are confirming to Us that You agree to be bound by the terms of this Agreement.

4.    What information can be posted on the Website?

4.1    You must not post information on the Website which is unauthorised.  What is unauthorised material is set out in clause 8.1 below

4.2    You must not utilise the Services for unauthorised purposes.  What is an unauthorised purpose is set out in clause 8.2 below

4.3    In order to preserve acceptable use of the Website We have the right to reject, refuse to post or remove any Posting which you may put on the Website.  This includes any private message which you may have posted.

4.4    We also reserve the right to restrict, suspend, or terminate your access to all or any part of the Website or the Services.

5.    Who is responsible for the content of postings on the Website?

5.1    Information provided by other members may be inaccurate or be in breach of the terms of this Agreement.  We try as hard as we can to monitor Postings and remove inappropriate material.  However, We can assume no responsibility or liability for the material which is posted by other users.  If You become aware of any Postings by other members or users on the Website which you think may be in breach of this Agreement or which You consider to be inappropriate or offensive then please contact Us at [ insert details/link here]

5.2    You are responsible for the content of any Posting which You submit on the Website and by Posting information on the Website you are representing and warranting to Us and other users that:-

5.2.1    You own or have a valid right to submit the Posting.

5.2.2    The Posting does not infringe the privacy rights, publicity rights, intellectual property rights or any other rights of any third party; and

5.2.3    You agree to pay all royalties, fees and other monies owing to any third party arising from the submission of your Posting to the Website or by utilising the Services.

6.    Fees

6.1    Our current fee structure can be found on the Website.  The fees payable for the Services will vary from time to time.  Any such variations will be detailed on the Website.

6.2    If prior to utilising the Services you wish to cancel this Agreement and any liability to pay fees under it you may do so by giving us written notice by post or email within 7days of subscribing to Our Services. Please note that Your right to cancel and claim a refund of any fee paid under The Distance Selling Regulations 2000 terminates once You start to use the Services.

6.3    Where the provision of a Service have been offered on the basis of either no fee being paid or a recurring fee and we decide to impose a fee or increase the fee for the use of such Service then any such proposed fee modification will be notified to you by email.  Your continued use of the Service after such modification has been posted for at least one month will be considered acceptance of such modification.

6.4    In the event that your membership is terminated (for whatever reason) you shall not be entitled to any refund of any unused portion of a fee paid in advance.

6.5    You may cancel this Agreement and any liability to pay a fee under this Agreement by giving us written notice

7.    Who owns the content posted on this site?

7.1    We do not obtain any intellectual property rights (including copyright) in the Postings which you post to the Website.  The ownership of all intellectual property rights in the Postings remain with You.

7.2    By submitting a Posting to the Website You grant to Us a non-exclusive, fully paid and royalty free, worldwide licence to use, publicly perform, publicly display, reproduce and distribute the Posting on the Website and for furthering the purposes of the Services.

7.3    You represent and warrant to us that;

7.3.1    You are the author of the Posting or otherwise have the right to grant the licence detailed above.

7.3.2    Your Posting does not infringe the privacy rights or other intellectual property rights or any other rights of any third party.

7.3.3    You agree that you have paid or will pay any royalties, licence fees or any other sums due to any third party incurred as a result of you submitting your Posting to the Website.

7.4     The content of the Website (other than Postings submitted by members) including the name “The Bear Club” belongs to us and we assert our right to any copyright, trademark (registered or unregistered) or design right or other like rights in such content.

7.5    Except for Postings made by You You may not copy, publish or in any other way distribute any content appearing on the Website.

7.6    You are solely responsible for the content that you include in any Posting made by you and any material or information that you transmit to any of our other members or users.  We do not necessarily review all Postings which are made to the Website and the content of them does not necessarily reflect Our opinions. We make no warranties, express or implied, as to the accuracy of any Posting.

8.    Examples of prohibited material

8.1    We set out below examples of information which is illegal or which we consider to be inappropriate for posting on the Website.  You should be aware that this is not an exhaustive list and we reserve the right to exercise our discretion as to what we consider is inappropriate and which We may therefore remove or edit any Posting or Postings which:

8.1.1    are offensive, promote racism, bigotry, hatred or physical harm of any kind against any group or individual;

8.1.2    harasses or advocates harassment of any other;

8.1.3    exploits (or seeks to exploit) people in a sexual or violent manner;

8.1.4    contains nudity, violence, or offensive subject matter or contains a link to an adult website;

8.1.5    solicits personal information from anyone under 18;

8.1.6    provides any telephone numbers, street addresses, last names, URLs or email addresses within teddy bear profiles or blogs;

8.1.7    promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

8.1.8    promotes an illegal or unauthorized copy of another person’s copyrighted work;

8.1.9    involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

8.1.10    contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

8.1.11    furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

8.1.12    solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

8.1.13    involves commercial activities and/or sales within teddy bear profiles or blogs without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

8.1.14    includes a photograph of another person that you have posted without that person's consent; or

8.1.15    uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to that profile.

8.2    The Website and the Services are not to be utilised for the following activities or activities which are similar to the following activities or any other activity which We in our discretion consider to be inappropriate.

8.2.1    using your teddy bear profile or blogs for commercial or business activity of any kind;

8.2.2    covering or obscuring any banner advertisements which We place on the Website;

8.2.3    any automated use of the system, such as using scripts to add friends or send comments or messages;

8.2.4    interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;

8.2.5    impersonating or attempting to impersonate another user of the Website or any other person;

8.2.6    using the account, username, or password of another Member at any time;

8.2.7    disclosing your password to any third party or permitting any third party to access your account;

8.2.8    selling or otherwise transferring your profile;

8.2.9    using any information obtained from the Services in order to harass, abuse, or harm another person;

8.3    We reserve the absolute right to draw the attention to any prohibited Postings or activities to the appropriate authorities.

9.    General

9.1    You are solely responsible for your interactions with Our other members. We reserve the right, but have no obligation, to monitor disputes between You and other members.

9.2    We will not be responsible for any incorrect or inaccurate Postings on the Website or in connection with the Services, whether caused by users of the Services or by any of the equipment or programming associated with or utilised in the Services.

9.3    Profiles created and posted by members on the Website may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Us. Inclusion of any linked website on the Services does not imply Our approval or endorsement of the linked website. When You access these third-party sites, You do so at your own risk.

9.4    We take no responsibility for third party advertisements which are posted on the Website, nor do we take any responsibility for the goods or services provided by Our advertisers. We are not responsible for the conduct, whether online or offline, of any user of the Services.

9.5    We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any user or member communication. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof.

9.6    We, as far as the law allows, do not warrant timely, secure, error- and interruption-free provision of Services.

9.7    This Agreement and any dispute involving this Agreement or the Services shall be governed by and construed in accordance with the law of England and Wales and You irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.

9.8    You agree to indemnify and hold Us and Our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, made by any third party due to or arising out of your use of the Services in breach of this Agreement and/or any breach of your representations and warranties set out in it.

9.9    This Agreement is accepted upon your use of the Website or any of the Services and is further affirmed by you becoming a Member.

9.10    The failure of Us to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

9.11    The section titles in this Agreement are for convenience only and have no legal or contractual effect.

9.12    If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.