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Membership Agreement - May 2015

 

May 2015

 

This Membership Agreement governs your membership in the Occupation Archive community, allowing you access to the membership area of http://www.occupationarchive.co.uk (the "Site"). This Membership Agreement is in addition to the Terms of Use applicable to the Site.

 

Access and use of the membership area of the Site are provided to you on condition that you accept the terms and conditions of this Membership Agreement and the Terms of Use, and by accessing or using the membership area of the Site, you agree to the terms and conditions of this Membership Agreement and the Terms of Use. If you do not agree to accept and abide by this Membership Agreement and the Terms of Use, you should not access or use the membership portions of the Site. In the event of any inconsistency between this Membership Agreement and the Terms of Use, the terms of this Membership Agreement shall govern.

 
Occupation Archive reserves the right, in its discretion, to change or modify all or any part of this Membership Agreement at any time, effective immediately upon notice published on the Site. Your continued use of the membership portions of the Site after such notice constitutes your binding acceptance of the terms and conditions in this Membership Agreement, including any changes or modifications made by Occupation Archive as permitted above. If at any time the terms and conditions of this Membership Agreement are no longer acceptable to you, you should immediately cease use of the membership portions of the Site.
 
 

Use of Content

 

You acknowledge that the Site contains or may contain information, photographs and other material (collectively, "Content") which is protected by copyright, trademark or other proprietary rights of Occupation Archive and its affiliates or other third parties including other members and contributors.

 

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, reverse engineer or in any way exploit any of the Content, in whole or in part, except as otherwise expressly permitted in this Membership Agreement and any other agreement entered into at the time such Content was downloaded (such as a License Agreement).

 
Content is provided to the Site through members entering into a Supply Agreement, either on an exclusive or non-exclusive basis (each, a "Supply Agreement”). You may download Content only in accordance with the terms of this Membership Agreement and the then applicable License Agreement.
 
 

Rules of Conduct

 

You agree that you will not use the Site for any purpose that is unlawful or not permitted by this Agreement. By way of example, and not as a limitation, you agree that when uploading to or communicating via the Site, including in respect of any forums, or other exchanges (a "Forum”) accessed on or through the Site, you shall not do any of the following:

 
  1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others.
  2. Publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.
  3. Upload or otherwise transfer files that contain material protected by intellectual property laws (or by rights of privacy or confidentiality) unless you own or control the rights thereto or have received all necessary consents.
  4. Upload or otherwise transfer files that contain viruses, corrupted files or any other similar software or programs that may damage or inhibit the operation of another computer.
  5. Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
  6. Falsify the origin or source or other material contained in a file that is uploaded.
  7. Advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters.
  8. Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
  9. Use any communications or Content or other information obtained through the Site in a manner that is competitive with the Site or Occupation Archive's business.
 

You acknowledge that no communication of a third party or Content is endorsed by Occupation Archive and no communication of a third party or Content may be considered reviewed, screened or approved by Occupation Archive. As explained below, Occupation Archive reserves the right for any reason to remove without notice any communication, Content or other material posted to the Site.

 
You also agree not to use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You also agree not to attempt to gain unauthorised access to any other Occupation Archive member accounts, computer systems or networks associated with the Site. You also agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
 
 

Managing Content

 

Occupation Archive does not and cannot review all communications or Content uploaded to the Site and is not responsible for the content of such communications or Content. Notwithstanding the foregoing, Occupation Archive reserves the right to delete, move or edit any communication or Content that it may determine, in its sole discretion, violates or may violate this Membership Agreement or is otherwise unacceptable. You shall remain solely responsible for all communications made or Content uploaded under your Members Name. Occupation Archive shall have the right but not the obligation to correct any errors or omissions in any Content, as it may determine in its sole discretion. You acknowledge that any screening of Content performed by Occupation Archive to determine Accepted Content is done as a courtesy only.

 
Occupation Archive respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Occupation Archive with notice of such infringement. On receipt of such notice, Occupation Archive may in its sole discretion, but shall not be obliged, to investigate or take further action.
 
 

Indemnity

 

You agree to indemnify, defend and hold Occupation Archive and its affiliates, and their respective officers, employees, shareholders, partners and agents (collectively, the " Occupation Archive Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including lawyers' fees on a solicitor and client basis) incurred by any Occupation Archive Party in connection with: (i) any use or alleged use of the Site under your Member Name by any person, whether or not authorised by you; (ii) or resulting from any communication made or Content uploaded under your Member Name; or (iii) any breach by you of this Membership Agreement or the Terms of Use.

 
Occupation Archive reserves the right, at your expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Occupation Archive defences of such claim.
 
 

Term and Termination

 

This Membership Agreement is effective until terminated. You may terminate this Membership Agreement at any time by emailing members@occupationarchive.co.uk or by such other means of written notice acceptable to Occupation Archive which enables confirmation of your identity and your intention to terminate. Occupation Archive reserves the right, in its sole discretion, to restrict, suspend or terminate your right to access the membership portions of the Site at any time for any reason without prior notice or liability. Occupation Archive may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.

 

Occupation Archive may also terminate or suspend your access to the membership portions of the Site for inactivity, which is defined as failing to access the membership portions of the Site for an extended period of time, as reasonably determined by Occupation Archive.

 
Termination of this Membership Agreement does not relieve you of your responsibilities to pay any amounts due to Occupation Archive under this Membership Agreement or your obligations to not use the membership portions of the Site or any Content other than in the manner permitted under this Membership Agreement or any other agreement entered into at the time such Content was downloaded (such as a License Agreement). Termination of this Membership Agreement shall operate without prejudice to the Occupation Archive`s rights, defences and limitations of liability provided under this Membership Agreement, which rights, defences and limitations of liability shall survive termination of this Membership Agreement.
 
 

Disclaimer of Warranties

 

The site, including any content contained therein, are provided "as is" without representation, warranty or condition of any kind, either express or implied, including, but not limited to the implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. Occupation Archive does not represent or warrant that the site or the content will meet your requirements or that their use will be uninterrupted or error free.

 
Occupation Archive does not represent or warrant that the site or any content available for downloading through the site will be free of viruses or similar contamination or destructive features.
 
 

Limitation of Liability

 

You assume all responsibility and risk for use of the site including without limitation any of the content or information contained therein.

 

In no event shall Occupation Archive or any of its officers, employees, shareholders, partners, licensors or agents be liable for any incidental, indirect, punitive, exemplary, or consequential damages whatsoever (including damages for loss of profits, interruption, loss of business information, or any other pecuniary loss) in connection with any claim, loss, damage, action, suit or other proceeding arising under or out of this Membership Agreement, including without limitation your use of, reliance upon, access to, or exploitation of the site, the content or any part thereof, or any rights granted to you hereunder, even if Occupation Archive has been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise.

 

In any event, Occupation Archive`s total maximum aggregate liability under this Membership Agreement or in respect of the use or exploitation of any or all part of the site or the content in any manner whatsoever shall be limited to five (£5.00) GBP.

 
Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such jurisdictions, the liability of Occupation Archive or any of its officers, employees, shareholders, partners, or agents shall be limited to the greatest extent permitted by Guernsey Law.
 
 

Age and Responsibility

 
You represent and warrant that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You agree to be responsible for all of your use of the Site (as well as for use of your Member Name and password(s) by others, including without limitation, minors living with you). You agree to supervise all usage by minors of the Site under your name or account.
 
 

Applicable Law

 

The Website is operated, managed and controlled by Occupation Archive, based in Guernsey, Channel Islands. Occupation Archive is registered with the Guernsey Registry under reference NP201. The Website is accessible for use in any country of the world.

 
Inasmuch as the regulatory frameworks of countries have their own laws and regulations that may differ from the laws valid in Guernsey, Contributor agrees that this Agreement is governed by the laws of Guernsey.
 
 

Acknowledgement

 
You acknowledge that you have read this Membership Agreement, understand it, and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between you and Occupation Archive, which supersedes any proposal or prior agreement, oral or written, and any other communication between you and Occupation Archive relating to the subject of this Membership Agreement.
 
 

Contact Information

 

You can contact Occupation Archive at any time by emailing us at sales@occupationarchive.co.uk or by using our online contact form.

 

© 2015 Occupation Archive. All rights reserved.

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