Last updated on: 8th December, 2008
ACCEPTANCE OF TERMS
This agreement is entered into between you as the User of the site Xpofairs.com and or XpoFairs Ltd. (“XpoFairs”).
For purposes of this Agreement, a "User" is any person who accesses the Site for whatever purpose, regardless of whether said User has registered with XpoFairs as a registered User or whether said User is a paying customer for a specific service provided by XpoFairs. A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.
USE OF SITE AND SERVICES
You will pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in order to access or use the Site, Services and Materials. You must adhere to all limitations on dissemination, usage and reproduction of any Materials that you download from the Site that are subject to such limitations. You agree to use the Services only to access, download, utilize post, send or receive Materials in an appropriate manner as related to the particular Materials or Services being accessed or used by you.
Users may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site for the purpose of re-selling or re-distributing the XpoFairs content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with XpoFairs or otherwise commercially exploiting the XpoFairs Content. Systematic retrieval of XpoFairs Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from XpoFairs is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
As some further examples of improper activities when accessing or using the Site, Materials or Services, you agree that you will not:
♦ Create a false identity for the purpose of misleading others;
♦ Make available any files containing Materials which you do not own or control, or have not received the necessary licenses to, all Intellectual Property Rights, rights of privacy and publicity and all other rights in and to such Materials;
♦ Post or submit any misleading, false and inaccurate Materials or any Material that is child pornography, defamatory, violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable;
♦ Be offensive, menacing, abusive, defamatory or in breach of copyright, confidence, privacy or any other rights;
♦ Create liability for XpoFairs or cause XpoFairs to lose the services of our ISPs or other partners. This will include activities such as transmitting unsolicited or bulk communications to any XpoFairs account holder or to any XpoFairs.com or affiliated e-mail address;
♦ Post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms;
♦ Download any Materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner;
♦ Use any XpoFairs domain name as a pseudonymous return e-mail address;
♦ Be part of a scheme to defraud other Users of the Site or for any other unlawful purpose;
♦ Promote or sell products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights;
♦ Solicit business from any Users in connection with a commercial activity that competes with XpoFairs;
♦ Use any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
♦ Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
XpoFairs may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. User acknowledges that XpoFairs has no control over such third party's web site, does not monitor such sites, and XpoFairs shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such a website.
Messages or information sent by a User through communication systems provided by the Site, or through emails, fax or letters to addressees obtained from the Site, shall not contain any of the materials described in examples of improper activities above.
XpoFairs reserves the right to deny certain Services without notice to any User for whatever reason in order to protect the interests of XpoFairs.
XpoFairs, in its sole discretion, may (but has no obligation to) monitor or review the Materials and Services at any time. XpoFairs may at any time without notice and in its sole discretion:
♦ Disclose any information related to your use of a Material or Service, or the substance of any of your posted or submitted Materials, as XpoFairs deems necessary to comply with applicable law, regulation, legal process or governmental request. You agree to use extra care when disclosing any personally identifiable information about yourself or your children in any Services or when you post or otherwise submit any Materials:
♦ Limit your activity on the Site, immediately issue a warning, suspend or terminate your registration or any of your Services, access to or use of any Materials or an area of the Site where Materials are posted or submitted if we believe that your actions may cause us financial loss or legal liability.
XpoFairs reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall XpoFairs be liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.
No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by XpoFairs and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks.
USE OF SOFTWARE
Each User who has filled out an on-line registration form on the Site by giving its information (such as name, address, telephone and fax number, email address, details of its business, etc.) is a registered User of XpoFairs
If the Registered User is a business entity, you represent that (a) you have the authority to bind the entity to this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to XpoFairs during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office
If you are required to establish an account in connection with a particular Material or Service, you must complete the designated registration process for such Material or Service. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. If required, you must also choose a User name and password for such account. It is your sole responsibility to keep your account number, User name, password and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you will notify XpoFairs immediately. If any Materials or Services provide password-restricted access to your sensitive information (including customer lists and contractual terms), then by accessing or using this Site and setting up a password-restricted account for such Materials or Services, you consent to XpoFairs display of such information via such Materials or Services and accept all risks of unauthorized access to such information
By becoming a Registered User, you consent to the inclusion of your personal data in our Database and authorize XpoFairs to share such information with other Users
A Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User ID or Password to a third party without the prior written consent of XpoFairs. XpoFairs may suspend or terminate the Account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section.
XpoFairs may refuse registration and deny the issuance of an Account and/or Email Account and associated User ID and Password to any User for whatever reason.
USE OF XPOFAIRS MATERIALS AND USER CONTENT
Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the XpoFairs Materials and User Materials available on this Site subject to the following conditions:
♦ Any XpoFairs Materials or User Materials made available only upon payment of a fee and/ completion of the visitors registration form will only be viewed, downloaded and printed subject to your payment of such fee and/or completion of the visitors registration form;
♦ XpoFairs Materials and User Materials will be accessed and used solely for personal, informational, non-commercial and internal purposes;
♦ XpoFairs Materials and User Materials will not be distributed or sold, rented, leased, licensed or otherwise made available to others;
♦ The XpoFairs Materials and User Materials will not be modified or altered in any way;
♦ You will not remove any copyright or other proprietary notices contained in the XpoFairs Materials and User Materials;
♦ You will not copy or distribute XpoFairs Materials or User Materials apart from their accompanying text;
♦ You will not quote or display XpoFairs Materials or User Materials, or any portions thereof, out of context;
♦ The rights granted to you constitute a license and not a transfer of title;
♦ XpoFairs reserves the right to revoke the authorization to view, download and print the XpoFairs Materials and User Materials available via this Site at any time, and any such use will be discontinued immediately upon notice from XpoFairs;
♦ XpoFairs Materials and User Materials comprised of Software are subject to the additional provisions governing Software set forth herein.
Use of the XpoFairs Materials or User Materials for any other purpose is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The rights specified above to view, download and print the XpoFairs Materials and User Materials available on this Site are not applicable to the design, layout or look and feel of this Site. Such elements of the Site are protected by law, including trade dress, trademark, unfair competition and other laws, and you are not permitted to copy, reproduce, distribute, republish, download, display, post or transmit these in any form or by any means without the prior express written permission of XpoFairs. In addition, various sections of the Site may showcase the work of creative professionals. Such Materials (whether XpoFairs Materials or User Materials) belong to their creators, may be protected by Intellectual Property Rights and are for display purposes only. Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such uses.
By posting or otherwise submitting your User Materials, you represent and warrant that:
♦ You are solely and entirely responsible for all of your Materials that you post or otherwise submit via the Site or Services. You will assume all risks associated with the use of your Materials including any reliance on the accuracy, completeness or usefulness of your Materials. XpoFairs does not guarantee the accuracy, integrity or quality of your Materials. You acknowledge and agree that by accessing or using the Site or Services, you may be exposed to Materials from others that are offensive, indecent or otherwise objectionable. You acknowledge and agree that XpoFairs will not be liable for any failure to store User Materials on the Site at any time.
INTELLECTUAL PROPERTY; RESTRICTED LICENSE TO USERS; TRADEMARK DETAILS
The Materials and Services, as well as the Website design, text and graphics, their selection, style and arrangement, and all software compilations, underlying source code and software (including applets) are protected by copyrights, trademarks, international patents, trade secrets and all other intellectual property and proprietary rights (collectively, "Intellectual Property Rights").
You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site, Materials or Services, any portions of the Site, Materials or Services or the selection and arrangement of the Site, Materials or Services, except as expressly authorized herein.
In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Site, Services or Materials.
The trademarks, logos and Marks displayed on this Site are the property of XpoFairs or other third parties. You are not permitted to use the Marks without the prior written consent of XpoFairs or such third party that may own the Marks. XpoFairs and the XpoFairs logo are trademarks of XpoFairs Ltd.
The User agrees that it shall not and shall ensure that it shall not authorise others to adopt, copy or use any design, Patent, Trade mark, symbol or device which incorporates or is confusingly similar to any Trade Mark/s, Patent/s, or any Intellectual Property Rights owned by XpoFairs and or and or any third party.
The User agrees that it shall not and shall not authorize others to apply anywhere in the world to register any Patents, trademarks or copyright works identical to or so vaguely resembling the Trade Mark or any other Intellectual Property Rights owned by XpoFairs, Xquillion or any third party as to be likely to deceive or cause confusion.
RESTRICTION AND TERMINATION OF USE
XpoFairs may block, restrict, disable, suspend or terminate your access to all or part of the Site, Services and Materials at any time in XpoFairs sole discretion, without prior notice or liability to you.
LINKS TO THIRD PARTY SITES
The Site, Services or Materials may include links that will take you to other sites outside of the Site ("Linked Sites"). The Linked Sites are provided by XpoFairs to you as a convenience and the inclusion of the links do not imply any endorsement by XpoFairs of any Linked Site. XpoFairs has no control of the Linked Sites and you therefore acknowledge and agree that XpoFairs is not responsible for the contents of any Linked Site, any link contained in a Linked Site or any changes or updates to a Linked Site. You further acknowledge and agree that XpoFairs is not responsible for any form of transmission (e.g. web casting) received from any Linked Site.
WARRANTIES AND DISCLAIMERS
♦ as to the accuracy or fitness for purpose of any Materials on this Site or the reliability of the access to this Site;
♦ that the Site, Services or Materials will be uninterrupted, timely, secure, or error-free;
♦ that the quality of the Site or any Services or Materials purchased or accessible by you will meet your expectations;
♦ that this Site (or the websites which are linked to this Site) is free from computer viruses or any other malicious or impairing software;
♦ that any errors or defects in the Site, Services or Materials will be corrected.
XpoFairs may make changes to the Site, Materials and Services, including the prices and descriptions of any software or products or services listed, at any time in its sole discretion and without notice. The Site, Services and Materials may be out of date, and XpoFairs makes no commitment to update the Site, Materials and Services.
You acknowledge and agree that:
XpoFairs does not control, endorse, or accept responsibility for any Materials or Services offered by third parties, including third-party vendors and third parties accessible through linked sites; XpoFairs makes no representations or warranties whatsoever about any such third parties, their Materials or Services; any dealings you may have with such third parties are at your own risk; and XpoFairs will not be liable or responsible for any Materials offered by third parties.
XpoFairs does not control or endorse the Materials found in any Services and specifically disclaims any liability with regard to the Site, Services and any actions resulting from your use of the Site and Materials and participation in any Services. Managers, hosts, participants and other third parties are not authorized XpoFairs spokespersons, and their views do not necessarily reflect those of XpoFairs. XpoFairs will have no liability related to User Materials arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. XpoFairs also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User Materials.
This Site can be accessed from countries around the world and may contain references to XpoFairs products, services and programs that are not available in your country. These references do not imply that XpoFairs intends to announce such products, services or programs in your country. The Site is controlled, operated and administered by XpoFairs from its offices within the United Kingdom. XpoFairs makes no representation that the Site, Materials or Services are appropriate or available for use at other locations outside the United Kingdom, and access to the Site from territories where the Site, Materials or Services are illegal is prohibited. If you access the Site from a location outside the United Kingdom, you will comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of XpoFairs Site, Materials or Services.
PERSONAL INFORMATION AND PRIVACY
NOTIFICATION OF COPYRIGHT INFRINGEMENT
XpoFairs will, in appropriate circumstances, terminate the accounts of Users who infringe the Intellectual Property Rights of others. XpoFairs will investigate notices of copyright infringement and take appropriate actions consistent with the form suggested by the US Digital Millennium Copyright Act ("DMCA"). If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site or in connection with the Materials or Services, please provide, pursuant to the DMCA, written notification of claimed copyright infringement to the Designated Agent for this Site (identified below), which must contain the following elements:
A description of where the content that you claim is infringing is located on the XpoFairs site;
A description of the copyrighted work or works that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
A physical signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
A statement by you that you have a good faith belief that the use of the content identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
Information sufficient to permit XpoFairs to contact you, such as your physical address, telephone number, and e-mail address;
A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please send the written communication to the following address:
by mail to :
11 Hartfield Crescent
by fax: 02087811105
The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site or on sites linked to from the Site or in connection with the Services or Materials. All other inquiries directed to the Designated Agent will not be responded to. Such inquiries should be made through the feedback procedure.
SPAM E-MAIL AND POSTINGS
ADVERTISEMENTS AND PROMOTIONS
XpoFairs may run advertisements and promotions from third parties via the Site, Materials or Services in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via the Site, Materials or Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, will be solely matters between you and such third parties. You acknowledge and agree that XpoFairs is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-XpoFairs advertisers on the Site or in connection with the Materials or Services.
LIMITATION OF LIABILITY
The features and services on the XpoFairs site are provided on an "as is" and "as available" basis. XpoFairs makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or currentness of any information provided on or through the site. XpoFairs does not represent or warranty that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the site does not violate any third party rights; and XpoFairs makes no representations or warranties of any kind concerning any product or service offered or displayed on the XpoFairs site
In no event will XpoFairs, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages or losses of any kind, or any damages or losses whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if XpoFairs has been advised of the possibility of such damages or losses, and on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with:
♦ the access or use of or the inability to access or use the Site, Materials or Services;
♦ any unauthorized access to or alteration of your transmissions, User Materials or other data;
♦ any information that is sent or received or not sent or received;
♦ any web site referenced or linked to from this site;
♦ your access to or use of or inability to access or use any linked site.
♦ any dealings with vendors or other third parties;
♦ the statements or actions of any third party on or via the Site, Materials or Services;
♦ any failure to store or loss of data, files, Materials or other content;
♦ any Services available that are delayed or interrupted;
You agree to indemnify and hold XpoFairs and its officers, co-branders, other partners and employees harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of:
♦ your User Materials and any other content (e.g. computer viruses) that you may submit, post to or transmit through the Site (including a third parties use of such User Materials or content (e.g. reliance on the accuracy, completeness or usefulness of your User Materials);
♦ your connection or access to or use of the Site, Materials or Services (including any use by your employees, contractors or agents and all uses of your account numbers, User names and passwords, whether or not actually or expressly authorized by you, in connection with the Site or any Materials or Services);
♦ your connections or access to or use of Linked Sites;
♦ the actions of any member of your Work Group;
♦ your infringement of any third party web site referenced or linked to from this site;
♦ Intellectual Property Rights when using any of the Software made available on the Site, Materials or Services;
♦ your violation of any third party rights;
♦ any dealings between you and any third parties advertising or promoting via the Site, Materials or Services.
DATA PROTECTION AND PRIVACY
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by XpoFairs from its offices within England, UK. By accessing this Site, you agree that all matters relating to your access to, or use of, this Site will be governed by the statutes and laws of the England, UK, without regard to the conflicts of laws principles thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods.
XpoFairs and the User are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
This Agreement shall be governed by the laws of England without regard to its conflict of law provisions. The parties to this Agreement hereby submit to the exclusive jurisdiction of the English courts.