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Subscriber and Member
Agreement
This
Agreement sets forth the terms and conditions which apply to
the use by you of the C. J. Broom Ltd. Sites (as defined
below) and any other subscription product or service offered
for sale by C. J. Broom Ltd. and/or its affiliates
(collectively, "C. J. Broom Ltd."). The right to use any
product or service offered by C. J. Broom Ltd. is personal
to you and is not transferable to any other person or
entity.
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Definitions.
The "C. J. Broom Ltd. Sites" shall mean all areas and
any subscription or other paid products and services
offered or available on the interactive online service
operated by C. J. Broom Ltd. on the World Wide Web. The
C. J. Broom Ltd. Sites consist of information services
and content provided by C. J. Broom Ltd., affiliates of
C. J. Broom Ltd. and third parties. The term "Community
Areas" means the bulletin boards, chat rooms and other
user participatory areas on the C. J. Broom Ltd. Sites.
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General.
C. J. Broom Ltd. shall have the right at any time to
change or discontinue any aspect or feature of the C. J.
Broom Ltd. Sites including, but not limited to, the
Community Areas, content, hours of availability, and
equipment needed for access or use. Such changes,
modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by
means including but not limited to, posting on the
Community Areas a revised version of this Agreement or
notification by electronic mail. Any use by you of the
Community Areas after such notice shall conclusively be
deemed to be acceptance by you of such changes,
modifications, additions or deletions. You agree to
review the terms and conditions of this Agreement
periodically to be aware of such revisions.
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Use of the C. J. Broom Ltd. Sites and
the Community Areas.
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The Community Areas shall be used
for lawful purposes only. No material shall be
posted on or transmitted through the Community Areas
which violates or infringes in any way upon the
rights of others, which is unlawful, threatening,
abusive, defamatory, invasive of privacy or
publicity rights, vulgar, obscene, profane, indecent
or otherwise objectionable, which encourages conduct
that would constitute a criminal offense, gives rise
to civil liability or otherwise violates any law. No
conduct shall be undertaken that, in C. J. Broom
Ltd.'s judgment, restricts or inhibits any other
user from using or enjoying the Community Areas.
Advertising or commercial solicitation may be posted
on or transmitted through the Community Areas but
only with C. J. Broom Ltd.'s express prior approval
and only if the advertising or commercial
solicitation complies with all conditions imposed by
C. J. Broom Ltd.
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The C. J. Broom Ltd. Sites and
the Community Areas contain copyrighted material,
trademarks and other proprietary information
including text, software, photos, video, graphics,
music and sound, and the entire contents of the C.
J. Broom Ltd. Sites are copyrighted as a collective
work under the United Kingdom copyright laws. C. J.
Broom Ltd. is the owner of the copyright in the
entire C. J. Broom Ltd. Sites. C. J. Broom Ltd. owns
a copyright in the selection, coordination,
arrangement and enhancement of such content, as well
as in the content original to it. Each third party
content provider owns the copyright in content
original to it. You may not modify, publish,
transmit, display, participate in the transfer or
sale, create derivative works, or in any way exploit
the content of the C. J. Broom Ltd. Sites or any
portion of it. Except as otherwise expressly
permitted under copyright law, you may not copy,
redistribute, publish, display or commercially
exploit any material from the C. J. Broom Ltd. Sites
without the express permission of C. J. Broom Ltd.
and the copyright owner. In the event of any
permitted copying, redistribution or publication of
material from the C. J. Broom Ltd. Sites, no changes
in or deletion of author attribution, trademark,
legend or copyright notice shall be made. You
acknowledge that you do not acquire any ownership
rights by downloading copyrighted material. Without
limiting the generality of the foregoing, you agree
that any text, photo, graphic, audio, and/or video
on the C. J. Broom Ltd. Sites owned by the
Associated Press ("AP") shall not be broadcast,
rewritten for broadcast or publication or
redistributed directly or indirectly in any media.
Neither these AP materials nor any portion thereof
may be stored in a computer except for personal and
non-commercial use. AP will not be held liable for
any delays, inaccuracies, errors or omissions
therefrom or in the transmission or delivery of all
or any part thereof or for any damages arising from
any of the foregoing.
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You shall not upload, post or
otherwise make available on the Community Areas any
material protected by copyright, trademark or other
proprietary right without the express permission of
the owner of the copyright, trademark or other
proprietary right. You are responsible for
determining that such material is not protected by
copyright, trademark or other proprietary right. You
shall be solely liable for any damages resulting
from any infringement of copyright, trademark or
other proprietary right, or any other harm resulting
from any uploading, posting or submission.
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You hereby grant to C. J. Broom
Ltd., and it's respective affiliates worldwide,
royalty-free, perpetual, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from,
distribute, perform and display any message posted
in the Community Areas and/or any e-mail sent by you
to C. J. Broom Ltd. (in whole or in part) and/or to
incorporate it in other works in any form, media or
technology now known or later developed.
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You may not (i) select or use a
member name or e-mail address of another person with
the intention of impersonating that person; (ii) use
a member name or e-mail address of anyone else
without authorization; (iii) use a member name in
violation of the intellectual property rights of any
person; or (iv) use a member name that C. J. Broom
Ltd. considers to be offensive.
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You shall provide C. J. Broom
Ltd. with accurate, complete and updated information
provided by you at the time of registration.
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The C. J. Broom Ltd. Sites
contain links to other web sites, resources and
advertisers. C. J. Broom Ltd. is not responsible for
the availability of these external sites nor does it
endorse or is it responsible for the contents,
advertising, products or other materials made
available on or through such external sites. Under
no circumstances shall C. J. Broom Ltd. be held
responsible or liable, directly or indirectly, for
any loss or damage caused or alleged to have been
caused to a user in connection with the use of or
reliance on any content, goods or services available
on such external site. You should direct any
concerns to such external site's administrator or
webmaster.
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You shall be responsible for
obtaining and maintaining all telephone, computer
hardware and other equipment needed for access to
and use of the C. J. Broom Ltd. Sites and Community
Areas and all charges related thereto.
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The foregoing provisions of this
Section 3 are for the benefit of C. J. Broom Ltd.,
its affiliates, third party content providers and
licensors, and each shall have the right to assert
and enforce such provisions directly on its own
behalf.
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C. J. Broom Ltd. has carefully
designed the C. J. Broom Ltd. Sites with the purpose
of delivering certain content to users in a
particular format and with a particular appearance.
No third party shall have the right to utilize the
content of the C. J. Broom Ltd. Sites in any way
that interferes with that purpose. In particular, C.
J. Broom Ltd. prohibits any party from displaying
the content on the C. J. Broom Ltd. Sites in any
format where third party advertising or other
materials that C. J. Broom Ltd. did not authorize is
viewed or viewable together with C. J. Broom Ltd.'s
proprietary content.
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Monitoring.
C. J. Broom Ltd. shall have the right, but not the
obligation, to monitor the content of the Community
Areas to determine compliance with this Agreement and
any other operating rules that may be established by C.
J. Broom Ltd. from time to time. C. J. Broom Ltd. shall
have the right in its sole discretion to edit, refuse to
post or remove any material submitted to or posted on
the Community Areas. Without limiting the foregoing, C.
J. Broom Ltd. shall have the right, but not the
obligation, to remove any material that C. J. Broom
Ltd., in its sole discretion, finds to be in violation
of the provisions hereof, otherwise objectionable or
stale. Notwithstanding this right of C. J. Broom Ltd.,
users shall remain solely responsible for the content of
their messages. You acknowledge and agree that neither
C. J. Broom Ltd. nor any of its affiliates shall assume
or have any liability for any action or inaction by C.
J. Broom Ltd. with respect to any conduct within the
Community Areas or any communication or posting on the
Community Areas.
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Disclaimer of Warranty; Limitation of
Liability
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YOU EXPRESSLY AGREE THAT USE OF
THE COMMUNITY AREAS AND THE C. J. Broom Ltd. SITES
IS AT YOUR SOLE RISK. NEITHER C. J. Broom Ltd., ITS
AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES,
AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS
WARRANT THAT THE C. J. Broom Ltd. SITES WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
USE OF THE C. J. Broom Ltd. SITES OR AS TO THE
ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION,
SERVICE OR PRODUCTS PROVIDED THROUGH THE SITES OR
THE COMMUNITY AREAS.
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THE C. J. Broom Ltd. SITES AND
THE COMMUNITY AREAS ARE PROVIDED ON AN "AS IS", "AS
AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND
INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
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THE DISCLAIMERS OF LIABILITY
CONTAINED IN THIS SECTION 5 APPLY TO ANY DAMAGES OR
INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF
RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS
BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF
ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT C. J.
Broom Ltd. IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD
PARTIES AND THAT THE RISK OF INJURY FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
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IN NO EVENT WILL C. J. Broom Ltd.
OR ANY PERSON OR ENTITY INVOLVED IN CREATING,
PRODUCING OR DISTRIBUTING THE C. J. Broom Ltd. SITES
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE
USE OF OR INABILITY TO USE THE C. J. Broom Ltd.
SITES OR OUT OF THE BREACH OF ANY WARRANTY. YOU
HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS
SECTION 5 SHALL APPLY TO ALL CONTENT ON THE C. J.
Broom Ltd. SITES AND/OR THE COMMUNITY AREAS. C. J.
Broom Ltd.'S LIABILITY TO USERS, IF ANY, SHALL IN NO
EVENT EXCEED THE TOTAL AMOUNT PAID TO C. J. Broom
Ltd.
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C. J. Broom Ltd. NEITHER ENDORSES
NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY
OF ANY OPINION, ADVICE OR STATEMENT ON THE C. J.
Broom Ltd. SITES, NOR FOR ANY OFFENSIVE, DEFAMATORY
OR OBSCENE POSTING MADE ON THE COMMUNITY AREAS BY
ANYONE OTHER THAN AUTHORIZED C. J. Broom Ltd.
EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR
OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL C.
J. Broom Ltd. BE LIABLE FOR ANY LOSS OR DAMAGE
CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED
THROUGH EITHER THE CONTENT ON THE C. J. Broom Ltd.
SITES AND/OR ANY POSTINGS ON THE COMMUNITY AREAS. IT
IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS OR USEFULNESS OF ANY INFORMATION,
OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH
THE C. J. Broom Ltd. SITES AND/OR THE COMMUNITY
AREAS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS
APPROPRIATE, REGARDING THE EVALUATION OF ANY
SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER
CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL,
HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR
OTHER CONTENT.
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C. J. Broom Ltd. DOES NOT
ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR
SERVICES OFFERED THROUGH THE C. J. Broom Ltd. SITES
AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY
TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS
OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT,YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE. C. J. Broom Ltd.
MAKES PRODUCTS OR SERVICES AVAILABLE ON THE C. J.
Broom Ltd. SITES WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND
INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
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PRIOR TO THE EXECUTION OF A
PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, YOU
ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER
FINANCIAL ADVISOR TO VERIFY PRICING AND OTHER
INFORMATION. NEITHER C. J. Broom Ltd. NOR ITS THIRD
PARTY CONTENT PROVIDERS SHALL HAVE ANY LIABILITY FOR
INVESTMENT DECISIONS BASED UPON, OR THE RESULTS
OBTAINED FROM, THE CONTENT PROVIDED HEREIN. NEITHER
C. J. Broom Ltd. NOR ITS THIRD PARTY CONTENT
PROVIDERS GUARANTEE OR WARRANT THE TIMELINESS,
SEQUENCE, ACCURACY, OR COMPLETENESS OF ANY SUCH
INFORMATION. NOTHING CONTAINED IN THE C. J. Broom
Ltd. SITES SHALL BE CONSTRUED AS INVESTMENT ADVICE.
C. J. Broom Ltd. IS NOT A REGISTERED BROKER-DEALER
OR INVESTMENT ADVISOR AND DOES NOT GIVE INVESTMENT
ADVICE OR RECOMMEND ONE PRODUCT OVER ANOTHER.
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Indemnification.
You agree to defend, indemnify and hold harmless C. J.
Broom Ltd., its affiliates and their respective
directors, officers, employees and agents from and
against all claims and expenses, including attorneys'
fees, arising out of the use by you of the C. J. Broom
Ltd. Sites and/or the Community Areas.
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Termination.
C. J. Broom Ltd. shall have the right to immediately
terminate this Agreement with respect to any user which
C. J. Broom Ltd., in its sole discretion, considers to
be unacceptable, or in the event of any breach by you of
this Agreement. The provisions of Sections 5, 6, 7, 8
and 10 shall survive termination of this Agreement.
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Trademarks.
All trademarks appearing on the C. J. Broom Ltd. Sites
are the property of their respective owners, including,
in some instances, C. J. Broom Ltd.
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Subscription Services; Products.
(a) Subscription Services. C. J. Broom Ltd.
makes available to users certain online subscription
services, and other paid services and products. The
following terms and conditions shall apply in the event that
you subscribe to any subscription service or services
offered by C. J. Broom Ltd. on the C. J. Broom Ltd. Sites
(the "Subscription"):
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Subscription Terms. The
Subscription will continue until C. J. Broom Ltd.
receives notification of termination from you as
described in subsection C below. You authorize C. J.
Broom Ltd. to charge to the credit card account
designated during the registration process the
current fees and charges for each term according to
the subscription plan chosen by you. If you accepted
an offer that included a free trial period, your
credit card account will not be charged until after
the end of the free trial period. If you ordered in
response to a free trial period offer, you may
cancel the subscription process and avoid a charge
to your credit card account by going to the
Subscription Summary accessible from the Smart
Statement and following the directions listed. If
you subscribed for a term of one (1) year or more,
you will be notified by C. J. Broom Ltd. before the
account designated by you is charged after the first
term. Current fees may be obtained by going to the
Smart Statement. You are responsible for any charges
associated to connecting to the C. J. Broom Ltd.
Sites, including but not limited to, any telephone
line charges or any Internet access provider
charges. You shall provide C. J. Broom Ltd. with
accurate, complete and updated information as to
your name and e-mail address and credit card account
information provided by you at registration. Failure
to do so shall constitute a breach of this
Agreement.
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Changed Terms. C. J. Broom Ltd.
shall have the right at any time to impose, change
or modify its fees and billing methods, or other
terms and conditions applicable to your use of the
Subscription or to impose new terms and conditions.
Such changes, modifications, additions or deletions
shall be effective immediately upon notice thereof,
which may be given by means including, but not
limited to, posting on the C. J. Broom Ltd. Sites a
revised version of this Agreement or notification by
electronic or conventional mail. If any such change
is unacceptable to you, you may terminate your
Subscription as provided in subsection C below. Any
use of the Subscription by you after such notice
shall conclusively be deemed to constitute
acceptance by you of such changes, modifications,
additions or deletions. You agree to review the
terms and conditions periodically to be aware of
such revisions. You may also be subject to
additional terms and conditions imposed by third
party content providers in connection with third
party content, software or services.
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Termination. Either you or C. J.
Broom Ltd. may terminate this Agreement at any time.
Your only right with respect to any dissatisfaction
with (i) any terms and conditions of this Agreement,
or policy or practice of C. J. Broom Ltd. in
operating the C. J. Broom Ltd. Sites and/or the
Community Areas, (ii) content available through the
Subscription or change therein, or (iii) amount or
type of fees or billing methods, or change therein,
is to terminate this Agreement by sending notice to
C. J. Broom Ltd., The Brickyard, Peterstone,
Wells-Next-the-Sea, Norfolk NR23 1RR, by e-mail sent
to our Help Form. Notice of termination will be
effective upon receipt by C. J. Broom Ltd. Without
limiting the foregoing, C. J. Broom Ltd. shall have
the right to immediately terminate this Agreement
with respect to any user which C. J. Broom Ltd., in
its sole discretion, considers to be unacceptable,
or in the event of any breach by you of this
Agreement. In the event that your account is
terminated or canceled, no refund of any fees,
including monthly membership fee, will be granted.
The provisions of Sections 5, 6, 7, 8 and this
Section 10 shall survive termination of this
Agreement. Fees paid for any Subscription are paid
in advance and are not refundable in whole or in
part, provided, however, that in the event of
termination by C. J. Broom Ltd. for any reason other
than breach of this Agreement by you or termination
by you in accordance with this subsection C of this
Agreement in which you identify the termination as
resulting from changed terms, C. J. Broom Ltd. shall
make a pro rata refund to you.
(b) Products and Other
Services. With respect to products and services offered for
sale by C. J. Broom Ltd. and third parties or through the C.
J. Broom Ltd. Sites: you shall be informed of all terms of
the offer, including but not limited to pricing, methods of
payment, shipping and handling, credit card information,
sales tax, return and refund policies and applicable privacy
policies on the screen where you make the purchase.
Miscellaneous.
This Agreement and any operating rules for the C. J. Broom
Ltd. Sites and the Community Areas established by C. J.
Broom Ltd. constitute the entire agreement of the parties
with respect to the subject matter hereof, and supersede all
previous written or oral agreements between the parties with
respect to such subject matter. This Agreement shall be
construed in accordance with the laws of the State of New
York, without regard to its conflict of laws rules. No
waiver by either party of any breach or default hereunder
shall be deemed to be a waiver of any preceding or
subsequent breach or default. The section headings used
herein are for convenience only and shall not be given any
legal import. |