All Users must read the Terms and Conditions set out below before accessing and using this Web Site. By accessing and using this Web Site you agree to be bound by the Terms and Conditions set out below. If you do not wish to be bound by these Terms and Conditions you should not access or use the Web Site.
"Agreement" means these terms and conditions, which you agree to be bound by when you use this Web Site. "Disclosed Information" means any and all information, data and details entered by you, the User.
"Information" means any and all material contained in this Web Site which is delivered by or on behalf of eleventeenth. "User" means you. "Web Site" means this eleventeenth, the web site at http://www.eleventeenth and any other web site managed or maintained by eleventeenth Ltd.
The Information contained on this Web Site is the property of eleventeenth its associates, assignees, licensees or sub-licensees thereof ("eleventeenth"). The copyright in the text, artwork, graphics and images on the Web Site is owned by eleventeenth except where indicated otherwise.
The User undertakes:
(a) that they will only view the Information for their own private purpose and it will not publish, reproduce, store or retransmit any of the Information contained in the Web Site;
(b) acknowledges and understands the exclusion of liability and disclaimer provisions contained in Clause 4;
(c) not to use the Information or the Disclosed Information for any unlawful or unauthorised purpose;
(d) that it shall not use or interfere with the Web Site, the Information or the Disclosed Information other than in accordance with this Agreement and without limitation in such a way so that all or part of the Web Site, the Information or the Disclosed Information is or could be interrupted, reproduced, stored, retransmitted, published, damaged, rendered less efficient, corrupted or in anyway impaired;
(e) not to use the Web Site, the Information or the Disclosed Information in any manner which constitutes an infringement of any third party rights (including but not limited to rights of copyright trade mark or confidentiality);
(f) that it shall not use the Web Site to transmit any material for the purposes of publicity, promotion and/or advertising without the prior written consent of eleventeenth;
(g) that in the event it has any right, claim, or action against any other User or other third party arising out of the use of the Web Site it shall pursue such right, claim or action independently of and without recourse to eleventeenth;
(h) that all intellectual property rights (including without limitation copyright, trade marks and all other rights) whatsoever in the Information and the Web Site shall remain vested in eleventeenth at all times;
(i) and acknowledges that eleventeenth has no obligation to provide the Web Site or any Information or to ensure the User is able to use provide and/or access the Information, the Disclosed Information and the Web Site;
(j) to indemnify and keep indemnified eleventeenth against all claims, liabilities, damages, costs and expenses including legal fees (on a solicitor and own client basis) arising out of any breach or misuse of the Information, the Disclosed Information, the Web Site or of the User's obligations under this Agreement.
4. Exclusion of Liability/Disclaimer
4.1 eleventeenth provides the Web Site and the Information on an "as is" basis and makes no warranty or representation about the availability, completeness, accuracy, satisfactory quality, merchantability and/or fitness of the same for a particular purpose. The advertisers and the advertisements have not been checked by eleventeenth and any information submitted or any reliance placed on the same is entirely at the risk of the User.
4.2 Further, eleventeenth makes no warranty or representation about;
(a) the reliability or technical efficiency of the Web Site;
(b) the security measures (if any) contained in the Web Site and in particular the protection afforded to any Information, Disclosed Information or other information and data;
(c) the suitability of the advertisements on the Web Site or the other web sites which may be accessible from the Web Site;
4.3 eleventeenth excludes all liability (so far as is permitted by law) in respect of ;
(a) any advertisements or other web sites which can be accessed via the Web Site;
(b) any opinions and expressions made by third parties which can be accessed via the Web Site or which are contained in the Information and the Disclosed Information;
(c) any damage to the User, the Users' computer hardware, software or other material or equipment resulting from the User accessing or using the Web Site, the Information or the Disclosed Information;
eleventeenth shall have the right to terminate this Agreement and/or suspend or terminate the Information, the Disclosed Information and the Web Site immediately and without notice to the User. In the event of termination or suspension the warranties and obligations of the User shall continue to apply beyond the lifetime of this Agreement.
6. Amendments to Terms and Conditions
eleventeenth Limited reserves the right to change and amend these Terms and Conditions from time to time. The Users continued use or access of the Web Site after such change or amendment shall be deemed to confirm the User's acceptance of any such change or amendment. It is the User's responsibility to check these Terms and Conditions regularly to determine whether any such amendment has been made. If the User does not wish to be bound by any revised Terms and Conditions it should stop using and accessing the Web Site.
The User undertakes with eleventeenth Limited that it will treat as confidential the terms of this Agreement together with all information (including without limitation the Disclosed Information and the Information) whether of a technical or commercial nature or otherwise relating in any manner to the business or affairs of eleventeenth Limited as may be communicated to it hereunder or otherwise in connection with this Agreement (including without limitation in connection with accessing the Web Site, the Information and the Disclosed Information) and will not disclose such information to any person firm or company (other than to its auditors and other professional advisers and as part of its normal reporting or review procedure to its parent company or the shareholders in its parent company as the case may be) or to the media and will not use such information other than for purposes of this Agreement subject always to any prior specific authorisation in writing by eleventeenth Limited of such disclosure or use. This obligation shall endure beyond the termination of this Agreement without limit in point in time except and until any confidential information enters the public domain otherwise than through default of the party receiving the same.
If any provision of this Agreement shall be prohibited by or adjudged by a Court to be unlawful void or unenforceable such provision shall to the extent required be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement and shall not in any way affect any other circumstances or the validity or enforcement of this Agreement.
9. No Waiver
No failure or delay on the part of any of the parties to this Agreement relating to the exercise of any right power privilege or remedy provided under this Agreement shall operate as a waiver of such right power privilege or remedy or as a waiver of any preceding or succeeding breach by the other party to this Agreement.
eleventeenth may freely charge licence transfer assign or otherwise dispose of any of its rights or obligations hereunder. The User shall not be entitled to charge license transfer assign or otherwise dispose of any of its rights or obligations hereunder without the prior written consent from eleventeenth.
11. Entire Agreement
This Agreement contains the full and complete understanding between the parties and supersedes all prior arrangements and understandings whether written or oral appertaining to the subject matter of this Agreement and may not be varied except by an instrument in writing signed by all of the parties to this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of England and Wales the courts of which shall alone be the courts of competent jurisdiction.