return2earth Terms of Membership Agreement
AGREEMENT BETWEEN YOU AND RETURN2EARTH LTD (Part I)
1. INTRODUCTION
1.1 RETURN2EARTH LTD Terms of Membership Agreement (the "Terms of Membership Agreement") is a legal agreement between you and RETURN2EARTH LTD and governs your use of the RETURN2EARTH LTD subscription service on our Internet Software, and includes updates and upgrades to this service. Subscription to the RETURN2EARTH LTD subscription service is offered to you conditional upon your acceptance without modification of the terms, conditions, and notices contained in this Terms of Membership Agreement. If you do not agree to this Terms of Membership Agreement do not subscribe to or use the RETURN2EARTH LTD subscription service.
1.2 RETURN2EARTH includes various Web pages, software and services operated by RETURN2EARTH LTD, 2nd Floor, 145-157 St John Street, London, EC1V 4PY or its affiliates. As used in this Terms of Membership Agreement, "you" or "your" means you, anyone who has access to use your RETURN2EARTH account. You must be at least eighteen (18) years of age to subscribe to the RETURN2EARTH LTD subscription service.
2. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
2.1 RETURN2EARTH LTD adheres to RETURN2EARTH LTD Statement of Privacy for the collection and use of your personal information. You can review RETURN2EARTH LTD Statement of Privacy at http://www.return2earth.co.uk/legal.html You should periodically review RETURN2EARTH LTD Statement of Privacy as it is updated on a regular basis.
3. MEMBER ACCOUNT, PASSWORD, AND SECURITY
Your subscription to the RETURN2EARTH LTD subscription service requires you to open an account, provide us with current, complete and accurate sign-up information, and choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. RETURN2EARTH LTD is not responsible for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be responsible for losses incurred by RETURN2EARTH LTD or another party due to someone else using your account or password.
4. MODIFICATION OF THIS TERMS OF MEMBERSHIP AGREEMENT
In the event that RETURN2EARTH LTD desires to make any changes or additions to the terms, conditions, and notices involving RETURN2EARTH, including any terms related to pricing, discontinuation of plans and billing, then RETURN2EARTH LTD will notify you of such changes or additions. The form of such notification may be, but is not required to be, e-mail, online via the RETURN2EARTH Web site. In the event you do not agree to such changes or additions, then you must cancel your subscription and stop using the RETURN2EARTH LTD subscription service prior to the effective date of such changes or additions. Your continued use of the RETURN2EARTH LTD subscription service after the effective date of such changes or additions constitutes your acceptance of and agreement to such changes or additions.
5. PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the RETURN2EARTH LTD subscription service is for your personal use. Any unauthorised commercial use of the RETURN2EARTH LTD subscription service, or the resale of the RETURN2EARTH LTD subscription service, is expressly prohibited. For example, you acknowledge and agree to use the RETURN2EARTH LTD subscription service only to send and receive personal messages. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the RETURN2EARTH LTD subscription service. Without the advance express written permission of RETURN2EARTH LTD, you may not 'meta-search' the RETURN2EARTH LTD subscription service, send, or cause to be sent, any automated queries of any sort to the RETURN2EARTH LTD subscription service, or use the RETURN2EARTH LTD subscription service in any commercial manner.
6. LINKS TO THIRD-PARTY SITES
The links included within the RETURN2EARTH LTD subscription service may direct you to third-party Web sites ("Linked Sites"). The Linked Sites are not under the control of RETURN2EARTH LTD and RETURN2EARTH LTD is not responsible for the contents of any Linked Site. RETURN2EARTH LTD is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by RETURN2EARTH LTD of the site or any association with its operators. Any dealings with third parties (including advertisers) included within the RETURN2EARTH LTD subscription service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. RETURN2EARTH LTD shall not be responsible or liable for any part of any such dealings or promotions.
7. NO UNLAWFUL OR PROHIBITED USE
7.1 As a condition of your use of the RETURN2EARTH LTD subscription service, you shall not use the RETURN2EARTH LTD subscription service for any purpose that is unlawful or prohibited by this Terms of Membership Agreement. You may not use the RETURN2EARTH LTD subscription service in any manner that could damage, disable, overburden, or impair the Web site or any service within the RETURN2EARTH LTD subscription service (or the networks connected to the Web site or any service within the RETURN2EARTH LTD subscription service) or interfere with any other party's use and enjoyment of the RETURN2EARTH LTD subscription service. You may not attempt to gain unauthorised access to the RETURN2EARTH LTD subscription service, other accounts, computer systems or networks connected to any Web site or service within the RETURN2EARTH LTD subscription service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the RETURN2EARTH LTD subscription service. You agree to abide by all applicable local, state, national and international laws and regulations.
7.2 When using the RETURN2EARTH LTD subscription service you are subject to all the rules specified by the services and Web sites you visit. This includes Web sites and services within the RETURN2EARTH LTD subscription service as well as services and Web sites operated by third parties. If another party reports that you have violated their rules, you agree that RETURN2EARTH LTD may take appropriate action just as if you had violated this Terms of Membership Agreement. You may not use simultaneous, unattended, or continuous connections to the RETURN2EARTH LTD subscription service through a dial-up connection with one account without a subscription permitting such use (if available)
8. USE OF SERVICES; OPERATION OF SERVICES
8.1 The RETURN2EARTH LTD subscription service contains e-mail services, and may contain bulletin board services, chat areas, news groups, forums, communities, personal Web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others. You shall only use the RETURN2EARTH LTD subscription service to post, send, and receive messages and material that are proper and, when applicable, related to the RETURN2EARTH LTD subscription service. By way of example, and not as a limitation, you agree that when using the RETURN2EARTH LTD subscription service you will not:
- Use the RETURN2EARTH LTD subscription service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
- Use any material or information, including images or photographs, which is made available through the RETURN2EARTH LTD subscription service in any manner that infringes any copyright, trademark, patent, trade secret, privacy or publicity right, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
- Use meta-tag searches on the Web site.
- Download any file posted by another user of the RETURN2EARTH LTD subscription service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the RETURN2EARTH LTD subscription service.
- Violate any code of conduct or other guidelines which may be applicable for the RETURN2EARTH LTD subscription service.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Web site or any service within the RETURN2EARTH LTD subscription service.
- Send unsolicited e-mail or instant messages through third-party mail servers to relay your message or hide the origination of your message or any other message to others.
- View, intercept, or attempt to intercept e-mail or other private communications not intended for you.
8.2 RETURN2EARTH LTD has no obligation to monitor the RETURN2EARTH LTD subscription service. However, RETURN2EARTH LTD reserves the right to review materials posted to the RETURN2EARTH LTD subscription service and to remove any materials in its sole discretion. RETURN2EARTH LTD reserves the right to terminate your access to the RETURN2EARTH LTD subscription service at any time, without notice, for any reason whatsoever. RETURN2EARTH LTD reserves the right at all times to edit, refuse to post or to remove any information or materials, in whole or in part, in RETURN2EARTH LTD's sole discretion.
8.3 Always use caution when giving out any personally identifiable information about yourself or your children in the RETURN2EARTH LTD subscription service. RETURN2EARTH LTD does not control or endorse the content, messages or information found in the RETURN2EARTH LTD subscription service that are posted by users or other third parties and, therefore, RETURN2EARTH LTD specifically disclaims any liability with regard to such content, messages or information and any actions resulting from your participation in the RETURN2EARTH LTD subscription service which permit posting of content, messages or information. Managers and hosts are not authorised RETURN2EARTH LTD spokespersons, and their views do not necessarily reflect those of RETURN2EARTH LTD.
8.4 Materials uploaded to the RETURN2EARTH LTD subscription service may be subject to posted limitations on United Kingdom, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
8.5 RETURN2EARTH LTD reserves complete and sole discretion with respect to the operation of the RETURN2EARTH LTD subscription service. RETURN2EARTH LTD may, among other things: (a) subject to RETURN2EARTH LTD Statement of Privacy, make available to third parties information relating to RETURN2EARTH LTD and its subscribers and members; (b) automatically sign out any users who are inactive for an extended period of time, as determined by RETURN2EARTH LTD as set forth in Section 15; (c) after giving you notice, withdraw, suspend, change, or discontinue any functionality or feature of RETURN2EARTH; (d) delete attachments due to potentially harmful materials included within such attachment; and, (e) limit access to the service to prevent abusive consumption and ensure fair access for all subscribers. You agree that RETURN2EARTH LTD is not responsible or liable for the loss, deletion or failure to store or accept messages or other information. The use of any software that would prohibit the RETURN2EARTH automatic sign-out system or part thereof from performing as intended is prohibited.
9. CHARGES AND BILLING
9.1 Charges On Your Billing Account.
RETURN2EARTH LTD bills you through an online account (your "Payment Account") for services and items obtained under this Terms of Membership Agreement (the "Products"), including RETURN2EARTH LTD subscriptions. You agree to pay RETURN2EARTH LTD all charges at the prices then in effect for any Products ordered by you or other persons (including your agents) using your Billing Account, and you authorise RETURN2EARTH LTD to charge your chosen payment method (your "Payment Method") for such Products. You agree to make payment using that selected Payment Method. You will have one billing statement available online (your "Online Statement") per Billing Account. RETURN2EARTH LTD reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. If RETURN2EARTH LTD does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand. You must provide current, complete and accurate information for your billing account in order to receive the products ordered. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in email address, billing address, credit card number or credit card expiration date), and you must promptly notify RETURN2EARTH LTD if your payment method is cancelled (for example, for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made at HTTP://WWW.PAYPAL.CO.UK or HTTP://WWW.EPDQ.CO.UK. If you fail to provide RETURN2EARTH LTD any of the foregoing information, you agree that RETURN2EARTH LTD may continue charging you for any product provided under your billing account, unless you have terminated your subscription for such product (confirmed in writing upon request). Currency exchange settlements will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If the amount to be charged to your Billing Account varies from the amount you have pre authorised, you have the right to receive, and RETURN2EARTH LTD shall so provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with the Payment Method Provider will govern your use of that Payment Method. You agree that RETURN2EARTH LTD may accumulate charges incurred during one or more of your monthly billing cycles and submit them as one or more aggregate charges at any time. RETURN2EARTH LTD may submit all periodic charges (for example, monthly) for your RETURN2EARTH subscription, or for any other fee-based service you order that will be charged on a monthly or other periodic basis, on such monthly or other periodic basis without further authorization from you, until you provide prior notice (confirmed in writing upon request) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before RETURN2EARTH LTD reasonably could act. To terminate your authorization or change your payment method, go to HTTP://WWW.PAYPAL.CO.UK or HTTP://WWW.EPDQ.CO.UK. Your continued use of the Products and services on your Billing Account reaffirms RETURN2EARTH LTD is authorised to charge your Payment Method. RETURN2EARTH LTD may submit those charges for payment and you will be responsible for such charges. Those submissions will not waive RETURN2EARTH LTD's right to seek payment directly from you. Your charges for the RETURN2EARTH LTD subscription service are monthly, quarterly or yearly in advance, and the charges for any other Product may be payable in advance, in arrears, or as otherwise described when you initially ordered the applicable Product.
9.2 Refund Policies. You understand that the RETURN2EARTH LTD subscription service will commence as soon as RETURN2EARTH LTD receives and processes your initial payment. You agree that any statutory right to withdraw from the RETURN2EARTH LTD subscription service will be waived as soon as the RETURN2EARTH LTD subscription service commences.
9.3 Online Statement.
You can sign into HTTP://WWW.PAYPAL.CO.UK or HTTP://WWW.EPDQ.CO.UK to view your Online Statement. Your Online Statement will be available according to your Payment Account services. Subject to applicable law, you agree that the Online Statement is the only statement of your Billing Account that RETURN2EARTH LTD needs to provide to you. You also agree that it is your responsibility to print or save a copy of your online statement and to retain this copy for your records. RETURN2EARTH LTD will use commercially reasonable efforts to correct any technical failures relating to an Online Statement within a reasonable time. However, your inability to view an Online Statement does not extend, or relieve you of, your obligation to pay any amounts owing to RETURN2EARTH LTD. Unless you notify RETURN2EARTH LTD of any error within 120 days after it first appears in any Online Statement, such statement will be deemed accepted by you for all purposes, including resolution of inquiries made by your Payment Method Provider. To the extent allowed by law, you release RETURN2EARTH LTD from any and all liability and claims of loss resulting from any error that is not reported to RETURN2EARTH LTD within 120 days after the error first appears on your online statement.
9.4 Due Date; Late Charge; Collection Costs. The amount due to RETURN2EARTH LTD for your Billing Account must be paid in full by your Payment Method Provider on the date such payment is requested by RETURN2EARTH LTD, not later than 30 days after the billing date; you are not entitled to carry forward a balance. You agree to pay late charges that may be assessed by RETURN2EARTH LTD on amounts due but not timely paid. The late charge will be 1% per month (or 12% per annum) on the total amount due but not paid; but if such rate is in excess of any allowable rate under applicable laws, then you will instead be charged the maximum rate that is permitted by law. RETURN2EARTH LTD reserves the right to refer your Billing Account to a third party for collection in the event of default. You agree to pay all costs incurred in the enforcement of this Terms of Membership Agreement and in collection of any delinquent amounts due, including reasonable attorneys' fees and costs
9.5 Default. If RETURN2EARTH LTD does not receive payment for any charge to your Billing Account, you will be in default and RETURN2EARTH LTD may suspend or cancel your Billing Account and your access to the RETURN2EARTH LTD subscription service and any or all other RETURN2EARTH Products. If your Payment Method Provider seeks return of payments previously made to RETURN2EARTH LTD, but RETURN2EARTH LTD, in good faith, believes that you are liable for the charge and applicable law allows the Payment Method Provider to seek payment from you, you will also be in default and RETURN2EARTH LTD may cancel your Billing Account and your access to the RETURN2EARTH LTD subscription service and any or all other Products. Cancellation or suspension for default may be made without prior notice to you and upon such cancellation or suspension, RETURN2EARTH LTD may stop delivery of the RETURN2EARTH LTD subscription service and any other product, and any information you have stored on a RETURN2EARTH service may not be retrieved at a later date
AGREEMENT BETWEEN YOU AND RETURN2EARTH LTD (Part II)
10. MATERIALS PROVIDED TO RETURN2EARTH OR POSTED AT THE RETURN2EARTH WEB SITE
10.1 RETURN2EARTH LTD does not claim ownership of the materials you provide to RETURN2EARTH (including feedback and suggestions) or post, upload, input or submit to the Web site or any service within RETURN2EARTH LTD for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting RETURN2EARTH LTD, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Web sites or services within RETURN2EARTH LTD, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of RETURN2EARTH LTD). No compensation will be paid with respect to the use of your Submission, as provided herein. RETURN2EARTH LTD is under no obligation to post or use any Submission you may provide and RETURN2EARTH LTD may remove any Submission at any time in its sole discretion.
10.2 By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this Terms of Membership Agreement including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions including, without limitation, where your Submission contains images, photographs, pictures or that are otherwise graphical in whole or in part ("Pictures"), that each person depicted in such Picture, if any, has provided consent to the use of the Picture as set forth in this Terms of Membership Agreement. By Posting a Picture, you are granting (in addition to the grants specified above) (a) to the general public (for each such Picture available anywhere on RETURN2EARTH LTD), and/or (b) to any person with whom you share Pictures through e-mail using RETURN2EARTH LTD, permission to use your Picture in connection with RETURN2EARTH LTD, (including, by way of example, and not as a limitation, downloading, printing and making prints and gift items which include such Picture). The licenses granted in the preceding sentences for a Picture will terminate at the time you completely remove such Picture from RETURN2EARTH LTD, provided that such termination shall not affect any licenses granted in connection with such Picture prior to the time you completely remove such Picture.
11. SOFTWARE AND CONTENT AVAILABLE THROUGH RETURN2EARTH LTD
11.1 All information, materials, graphics, software (if any), and products that are made available to view and/or download in connection with RETURN2EARTH LTD, excluding content and/or software that may be made available by end-users through RETURN2EARTH LTD, ("Content") is owned by and is the copyrighted work of RETURN2EARTH LTD and/or its suppliers and is protected by copyright laws and international treaty provisions. Except as set forth in Section 11.2, below, your use of software made available in connection with RETURN2EARTH LTD ("Software") is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. You acknowledge and agree that RETURN2EARTH LTD may automatically check the version of Software and components you are utilising and may provide upgrades to such Software that will be automatically downloaded to your computer, in which event you will be responsible for all resulting charges including, without limitation, connect time charges and local or long distance telephone charges, if any.
11.2 Any reproduction or redistribution of the Content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the content or software to any other server or location for further reproduction or redistribution is expressly prohibited. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United Kingdom. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to United Kingdom export restrictions.
12. INSTALLATIONS
12.1 RETURN2EARTH LTD and its designated service providers shall have no liability whatsoever for any losses resulting from installation, repair or support services, including, without limitation, damage to your premises, loss of software, data or other information from your computer or for any modifications made to your computer system including modifications or deletion of files.
13. LIABILITY/WARRANTY DISCLAIMER
13.1 Changes are periodically made to RETURN2EARTH and to the information therein. RETURN2EARTH LTD and/or its respective suppliers may make improvements and/or changes in RETURN2EARTH at any time. You specifically agree that RETURN2EARTH LTD shall not be responsible for unauthorized access to or alteration of your transmissions or date, any material or data sent or received or not sent or received, or any transactions entered into through any website or service within RETURN2EARTH LTD. You specifically agree that RETURN2EARTH LTD is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that RETURN2EARTH LTD is not responsible for any content sent using and/or included in the website or any service within the RETURN2EARTH site by any third party.
13.2 All content (as defined above), equipment (where applicable, and except as expressly stated in writing accompanying such equipment), and services (including but not limited to any service provided on your computer by RETURN2EARTH LTD or its designated service providers) are provided “as is” and “as available” without warranty of any kind, either express or implied. RETURN2EARTH LTD and/or its respective suppliers hereby disclaim all warranties and conditions with regards to the content and equipment, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. RETURN2EARTH LTD and its respective suppliers do not warrant that the content or equipment is accurate, reliable, secure or error-free; that RETURN2EARTH will be available at any particular time; that defects or errors will be corrected; or that the content or equipment is free of viruses or other harmful components.
13.3 To the maximum extent permitted by applicable law, in no event shall RETURN2EARTH LTD, its resellers, distributors, service providers and/or suppliers be liable for any indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising our of or in any way connected with the use or performance of RETURN2EARTH or related equipment, with the delay or inability to use RETURN2EARTH or related equipment, the provision of or failure to provide services, or for any content, or otherwise arising out of the use of RETURN2EARTH or related equipment, whether based on contract, tort, negligence, strict liability or otherwise. Even if RETURN2EARTH LTD or any of its suppliers has been advised of the possibility of damages.
13.4 RETURN2EARTH LTD, its resellers, distributors, service providers and/or suppliers do not warrant that access to or use of RETURN2EARTH will be uninterrupted or error-free, that subscribers will be able to access RETURN2EARTH at any time or in any geographic area, or that RETURN2EARTH, RETURN2EARTH LTD, RETURN2EARTH LTD services or related equipment will meet any particular criteria of performance or quality.
13.5 RETURN2EARTH LTD'S liability to you for breach of this Terms of Membership Agreement is limited to the amount actually paid by you to RETURN2EARTH LTD for access to and use of the RETURN2EARTH LTD subscription service. You hereby release RETURN2EARTH LTD from any and all obligations, liabilities, and claims in excess of this limitation. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the limitation in this section 13 may not apply to you. If you are dissatisfied with any portion of RETURN2EARTH LTD, or with any part of this Terms of Membership Agreement, your sole and exclusive remedy is to not sign up for RETURN2EARTH LTD, or to cancel your subscription to RETURN2EARTH LTD.
13.6 The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
14. NO PROFESSIONAL ADVICE
Nothing contained in RETURN2EARTH is intended to constitute investment, legal, tax, real estate, medical, accounting or other personal or professional advice, and you should not rely solely on the reports, data, and other information provided to you as part of RETURN2EARTH for making decisions. Information provided within RETURN2EARTH is for informational purposes only. You should consult with an appropriate professional for specific advice tailored to your situation and/or verify the accuracy of information provided to you before making any decision.
15. STORAGE SPACE AND OTHER LIMITATIONS
15.1 You agree that RETURN2EARTH LTD may establish limits concerning use of the RETURN2EARTH LTD subscription service, including without limitation the maximum number of days that e-mail messages will be retained, the maximum number of e-mail messages that may be sent from or received by an account, the maximum size of an e-mail message that may be sent from or received by an account, the maximum disk space that will be allotted on RETURN2EARTH LTD's servers on your behalf either cumulatively or for any particular service, and the maximum number of times and duration you may access any RETURN2EARTH LTD service in a given period of time. You agree that RETURN2EARTH LTD has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any RETURN2EARTH LTD services. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any RETURN2EARTH LTD service may change at any time.
15.2 You acknowledge that RETURN2EARTH LTD reserves the right to sign out, terminate or delete your accounts within RETURN2EARTH LTD that are "inactive" for an extended period of time, even if you continue to maintain your RETURN2EARTH LTD subscription. "Inactive" means that you have not signed in for an extended period of time, as determined by RETURN2EARTH LTD, in its sole discretion.
16. TERMINATION OF SUBSCRIPTION
16.1RETURN2EARTH LTD reserves the right, in its sole discretion, to terminate or suspend your subscription to the RETURN2EARTH LTD subscription service at any time, with or without cause, with or without notice. For example, RETURN2EARTH LTD may, in its discretion, terminate, cancel, or suspend an accepted order if RETURN2EARTH LTD is notified that your Payment Method has expired or has been cancelled, or if RETURN2EARTH LTD has reason to believe that any Billing Account information provided to RETURN2EARTH LTD is untrue, inaccurate, not current or incomplete. Upon termination of your subscription to the RETURN2EARTH LTD subscription service your right to use the RETURN2EARTH LTD subscription service immediately ceases. RETURN2EARTH LTD shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
16.2 You may terminate your RETURN2EARTH LTD subscription at any time, with or without cause, upon notice to RETURN2EARTH LTD at WEBMASTER@RETURN2EARTH.CO>UK , provided that you are responsible for all charges, which have been submitted prior to your notice of termination.
16.3 Termination, cancellation or suspension of your RETURN2EARTH LTD subscription, whether by you or RETURN2EARTH LTD, will not alter your obligation to pay all charges made to your Billing Account before such termination, cancellation or suspension (including charges made after termination by you but before RETURN2EARTH LTD could reasonably act on your termination notice). You will not be entitled to any refunds upon termination, cancellation or suspension of your RETURN2EARTH LTD subscription.
17. NO 'SPAM'; DAMAGES
RETURN2EARTH LTD may immediately terminate any account which it determines, in its sole discretion, is transmitting or is otherwise connected with any 'spam' or other unsolicited bulk e-mail. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay RETURN2EARTH LTD liquidated damages equal to two pounds sterling (£2.00) for each piece of 'spam' or unsolicited bulk e-mail transmitted from or otherwise connected with your account. Otherwise you agree to pay RETURN2EARTH LTD's actual damages; to the extent such actual damages can be reasonably calculated. You agree that RETURN2EARTH LTD may charge such damages to your selected Payment Method, as set forth in Section 9.
18. GENERAL
18.1 You represent and warrant that: (1) you are at least 18 years of age or the age required or allowed under applicable law for making a legal and binding contract; (2) all information that you submit is true and accurate (including without limitation information relating to your Payment Method, as defined in Section 10); and (3) you are an individual authorised to use the Payment Method. You agree to pay for all charges (including charges by other persons) and to comply with your responsibilities and obligations as stated in this Terms of Membership Agreement. RETURN2EARTH LTD may: (1) generate print copies of its electronic records and introduce them in evidence as original documents; and (2) prove your agreement or consent in any manner, including without limitation, by showing that a procedure existed by which you must have provided consent or engaged in conduct to obtain your RETURN2EARTH LTD subscription services or any other applicable Product.
18.2 Claims for enforcement, breach or violation of duties or rights under this Terms of Membership Agreement shall be adjudicated under the laws of England. All other claims, including without limitation claims under or for violation of state consumer protection laws, unfair competition laws, and in tort, shall be adjudicated under the law of your state of residence. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in UNITED KINGDOM in all disputes arising out of or relating to the use of RETURN2EARTH. You agree that no joint venture, partnership, employment, or agency relationship exists between you and RETURN2EARTH LTD as a result of this Terms of Membership Agreement or use of the RETURN2EARTH LTD subscription service. You agree not to represent yourself to be a representative, agent, or employee of RETURN2EARTH LTD and that RETURN2EARTH LTD will not be liable by reason of any representation, act or omission to act by you.
18.3 RETURN2EARTH LTD reserves the right to disclose any personal information about you or your use of the RETURN2EARTH LTD subscription service, including its contents, without your prior permission if RETURN2EARTH LTD has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process or any governmental request; (2) protect and defend the rights or property of RETURN2EARTH LTD or its affiliated companies; (3) enforce this Terms of Membership Agreement; or (4) act to protect the interests of its members or others. RETURN2EARTH LTD's performance of this Terms of Membership Agreement is subject to existing laws and legal process, and nothing contained in this Terms of Membership Agreement is in derogation of RETURN2EARTH LTD's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the RETURN2EARTH LTD subscription service or information provided to or gathered by RETURN2EARTH LTD with respect to such use.
18.4 If any part of this Terms of Membership Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Terms of Membership Agreement shall continue in effect. RETURN2EARTH LTD may assign this Terms of Membership Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Terms of Membership Agreement, or assign, transfer or sublicense any rights in your Billing Account. Unless otherwise specified herein, this Terms of Membership Agreement constitutes the entire agreement between you and RETURN2EARTH LTD with respect to RETURN2EARTH and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and RETURN2EARTH LTD with respect to RETURN2EARTH.
18.5 A printed version of this Terms of Membership Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms of Membership Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and RETURN2EARTH LTD agree that any cause of action arising out of or related to the RETURN2EARTH LTD subscription service must commence within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
19. NOTICES, CONSUMER DISCLOSURES, AND CONSENTS REGARDING ELECTRONIC INFORMATION
19.1 Notices given by you to RETURN2EARTH LTD must be given by e-mail to RETURN2EARTH LTD and addressed to webmaster@return2earth.co.uk, or by postal mail. Notices to RETURN2EARTH LTD by postal mail must be sent to RETURN2EARTH LTD, PO Box 610, Chichester, West Sussex, PO19 9GG, UNITED KINGDOM
19.2 All information that RETURN2EARTH LTD is required by law to send to you regarding your RETURN2EARTH LTD subscription, and any other subscriptions, services and items provided to you under this Terms of Membership agreement, including any billing and payment information (collectively referred to as “required information”), and any other information provided to you from RETURN2EARTH LTD, will be provided to you in electronic form only. RETURN2EARTH LTD will provide all required information to you in electronic form either (1) via e-mail at the e-mail address you specified when you signed up for your RETURN2EARTH LTD subscription, (2) by access to a RETURN2EARTH LTD web site that will be designated in an e-mail notice sent to you at the time the information is available, or (3) to the extent permissible by law, by access to a RETURN2EARTH LTD web site that will be generally designated in advance for such purpose
19.3 As part of your RETURN2EARTH LTD subscription service, you have (a) designated during the sign-up process, an e-mail address; (b) installed or currently have on your computer, Internet Explorer VERSION 6.0 OR ABOVE. Each of these items is necessary in order for you to receive Required Information electronically from RETURN2EARTH LTD. Also, your computer must be capable of either printing or storing Required Information received in electronic form from RETURN2EARTH LTD via a plain-text formatted e-mail message or by access to the RETURN2EARTH Web site using the browser specified above. In the event that there are any changes to the hardware and software requirements listed above that are likely to have a significant impact on your ability to receive, access, display, store, and print the Required Information that RETURN2EARTH LTD sends to you in electronic form, RETURN2EARTH LTD will notify you of these changes. In such case, you will be required to reconfirm your agreement to receive, and your ability to access, such Required Information in electronic form in order to avoid any disruption in your RETURN2EARTH LTD subscription service, or any other Products
19.4 You agree that by accepting this Terms of Membership Agreement, you consent to receive required information, and any other information provided to you from RETURN2EARTH LTD, solely by electronic communication. You also confirm that your computer satisfies the hardware and software requirements stated above for receiving, accessing, displaying, printing, and storing copies of such required information, and you confirm that you provided RETURN2EARTH LTD a current e-mail address for receiving required information when you signed up for your RETURN2EARTH LTD subscription. You may withdraw your consent or update your e-mail address by viewing the web site at http:/www.return2earth.co.uk and following the instructions within. However, if you choose to withdraw this consent, RETURN2EARTH LTD may terminate your RETURN2EARTH LTD subscription, your billing account and any other products provided to you under this agreement.
20. INDEMNIFICATION
You agree to indemnify and hold RETURN2EARTH LTD, its parents, subsidiaries, members, affiliates, officers and employees, harmless from any claim, demand, or damage, including costs and reasonable legal fees, asserted by any third party due to or arising out of your use of or conduct on the RETURN2EARTH website. RETURN2EARTH LTD will notify you of any claim for which RETURN2EARTH LTD seeks indemnification and will afford you the opportunity to participate in the defence of such claim, provided that your participation will not be conducted in a manner prejudicial to RETURN2EARTH LTD's interests, as reasonably determined by RETURN2EARTH LTD
21. COPYRIGHT AND TRADEMARK NOTICES
All contents of RETURN2EARTH are: Copyright (c) RETURN2EARTH LTD and/or its suppliers, 2nd Floor, 145-157 St John Street, London, EC1V 4PY. All rights reserved. TRADEMARKS. RETURN2EARTH, RETURN2EARTH LTD, RETURN2EARTH Logo, RETURN2EARTH LTD Photos and/or other RETURN2EARTH products and services referenced herein may also be either trademarks or registered trademarks of RETURN2EARTH LTD in the United Kingdom, United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
22. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Notifications of claimed copyright infringement should be sent to WEBMASTER@return2earth.co.uk
© 2007 RETURN2EARTH LTD. All rights reserved

