General Terms and Conditions of Service of 20six Weblog Services ltd of 19 Ladbroke Road, London W11 3PA ("20six")

• § 1 Scope of General Terms
  The following 20six General Terms and Conditions of Service ("GTS") regulate the legal relationship between 20six and all users ("Users" and the term "User" shall be construed accordingly) of 20six’ internet platform at www.20six.co.uk ("the 20six Platform") and the other services provided by 20six on the 20six Platform ("the 20six Services"). For some of 20six Services, special terms of use may be applicable ("Special Terms of Use"). These 20six Services may be subject to different service descriptions. These, as well as the applicable list of prices, will be communicated to the User on completion of a contract for services. In the event of any divergence or discrepancy between any Special Terms of Use and the GTS, the Special Terms of Use take precedence.
  
• § 2 Changes in the Service
  20six may amend the GTS and the Special Terms of Use from time to time in the future. Users will be deemed to have accepted the amended terms of the GTS and the Special Terms of Use by making any use of the 20six Platform or the 20six Services after the GTS or Special Terms of Use have been amended. The most current version of the GTS can be reviewed at any time on http://www.20six.co.uk/ and we suggest that you regularly monitor the GTS and the Special Terms of Use for any changes.
  
• § 3 Description of Service
   
  • (1) 20six offers Users an Internet platform, based on 20six technology, on which Users can create and place their own special homepages within the 20six Platform ("Weblogs"). The creation and placement of digital content on Weblogs is achieved through use of a web, a mobile device or other technical input paths of the User.
  • (2) Users may request that Weblogs created by the User may be placed in different subject areas, interest categories or clubs on the 20six Platform in such a way that Weblogs may be searched or sorted for subjects or other information or that Weblogs may be linked to from within the 20six Platform though 20six shall not obliged to do so.
  • (3) 20six may put banners advertisements on Users’ Weblogs without reference to the User.
  • (4) On some of the pages of the 20six Platform Users may be informed of the opportunity of entering into agreements with third parties. 20six is not liable in relation to, and takes no responsibility for, any contract entered into by Users with any third party.

  

• § 4 Prerequisites of Use
   
  • (1) The 20six Services may only be used by Users who:
     
    • a. have completed 20six registration form ("the Registration Form") and been accepted by 20six;
    • b. have an email account acceptable to 20six; and
    • c. are 14 years old or older although 20six retains the right to set different age restrictions depending on the nature of the 20six Service requested.
  • (2) The User that completes the Registration Form warrants that the information given on the Registration Form is complete and correct.
  • (3) 20six retains the right to refuse registration to any User without giving reasons.
  • (4) The User shall notify 20six without delay of any and all changes to the information on the Registration Form.
  • (5) If the User provides any information that is untrue, inaccurate, not current or incomplete or 20six has reasonable grounds to suspect that such information is untrue inaccurate, not current or incomplete, 20six has the right to suspend or terminate the Users account and refuse any and all current or future use of the 20six Services or any part hereof by the User.
  • (6) The User understands and agrees that the provision of the 20six Services may involve 20six sending the User certain communications from 20six such as service announcements and administrative messages and that these communications are considered part of the 20six Services and that the User will not be able to opt out of receiving them.

  

• § 5 Duties Arising from Contract
   
  • (1) Users may open one or more user accounts in their own name. However, 20six retains the right to limit the number of accounts and Weblogs per User at its discretion. The abusive use of several User accounts, especially in rating and commenting entries within the range of the evaluation system, is prohibited and will lead to termination of all of the User’s 20six Services.
  • (2) Users undertake to protect the access to 20six Services from the unauthorised use by third parties. The User’s login name and password ("Access Data") must not be distributed to third parties. Users are liable for any damages arising from the unauthorised use of their Access Data and the subsequent use of 20six Services. When the User is notified that their Access Data has been divulged to third parties, they are obliged to change their password. If this is not possible the User must notify 20six immediately.
  • (3) The User shall provide 20six with a current email address on which the User is always available ("the User’s Authorised Email Address"). 20six will not accept any instructions from the User unless they are sent from the User’s Authorised Email Address. Users must immediately inform 20six of any change to the User’s Authorised Email Address.

  

• § 6 Reservation of Alterations
  The 20six Platform and all 20six Services are provided without any assurance of reliability or quality. 20six retains the right to alter, remove or cease providing any or all of the 20six Platform and the 20six Services at any time without giving reasons. The User acknowledges and agrees that 20six shall not be liable to the User or to any third party for any modification, suspension or discontinuance of the 20six Platform and/or any of the 20six Services.
  
• § 7 Use of Weblogs and Communities
   
  • (1) Users understand and accept that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials whether publicly posted or privately transmitted is the sole responsibility of the person from which such content originated and that the User, and not 20six, are entirely responsible for all such content that the User uploads, posts or otherwise transmits via the 20six Service.
  • (2) Users undertakes that all Weblogs and any bulletin board services, chat rooms, newsgroups, forums, communities and or news and communication services contained in or accessed through the 20six Platform (together "Communities") may only be used by the User to publish, send or receive material that is appropriate and related to the Community in question. Users warrant and undertake that, when using a Weblog, the 20ix Platform, the 20six Services or any Communities, they will not:
    • a. post, upload, email or otherwise transmit any material, the publication, dissemination, use or possession of which infringes the rights of any person or which is unlawful in any other respect;
    • b. behave in any way which is abusive, defamatory or obscene or which will harass, distress or inconvenience any person or which might restrict or inhibit the use and enjoyment of Weblogs, the 20ix Platform, the 20six Services or any Communities by any person;
    • c. post, upload, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, competitions, "junk mail", "spam", "chain letters", "pyramid schemes", "snowball-systems", "mass-emails" or any other form of solicitation or commercial exploitation;
    • d. post, upload, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment;
    • e. create a database (electronic or otherwise) otherwise than on a Weblog that includes material downloaded or otherwise obtained from Weblogs, the 20ix Platform, the 20six Services or any Communities;
    • f. transmit or re-circulate any material obtained from Weblogs, the 20ix Platform, the 20six Services or any Communities to any third party otherwise than through the Communities;
    • g. publish text, images, files, data, hyperlinks, software or other content, which on the basis of a discretionary evaluation by 20six may be construed as anticonstitutional, threatening, abusive, harassing, libellous, vulgar, obscene, pornographic, hatred-inciting, racist or in any other way damaging or offensive;
    • h. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the 20six Service or develop restricted or password-only Weblogs, or hidden pages or images;
    • i. collect or otherwise store date about other users
    • j. promote or provide information about illegal activities, promote physical harm or injury against any group or individual, or promote cruelty to animals
    • k. use any Weblog as storage for remote loading or as a door or signpost to other homepages, whether inside or beyond the 20six Platform
    • l. Offer or advertise products of services for commercial purposes;
    • m. pretend to be or represent that they are an official representative of 20six (or any subsidiary, affiliates or partners of 20six) or in another way responsible for the 20six Services;
    • n. delete or misrepresent author’s, legal or other notices of property relating to the source of a software or other material that is uploaded;
    • o. engage in any activity that is harmful to minors (directly or indirectly) in any way
    • p. behave in any way that might bring 20six into disrepute
  • (3) 20six retains the right to suspend and terminate all current and future use of the 20six Services (or any portion hereof) without giving reasons.
  • (4) Users recognise and acknowledge that:
    • a. entries placed in Weblogs or Communities are accessible by the public and do not represent private diaries or conversations;
    • b. entries placed in Weblogs or Communities can be read without the User’s knowledge;
    • c. "Privately" placed entries in Weblogs or Communities may also be read publicly if a User makes an operating error, third parties enter the system illegally or there are errors in the computer software
    • d. 20six is not liable for the unintended publication of any communication of a private and/or personal nature;
    • e. 20six does not control or endorse the news and information that is found in Weblogs or Communities and is not liable in respect of any such material;
    • f. forum managers, Weblog reporters or other members of the Community are not authorised spokespersons for 20six and their opinions do not reflect the opinions of 20six;
    • g. 20six does not and will not actively monitor, edit or supervise Weblogs, the Communities or the contents thereof and does not accept responsibility or liability for material posted by Users although, at a Users’ request, 20six will remove any material that a User finds offensive; and
    • h. 20six retains the right to delete or block Community and/or Weblog content and to remove it without giving reasons.
  • (5) In addition, Users agree that it is a condition of the GTS that they conform to and respect the 20six Weblog and Community Rules in their most recent form

  

• § 8 Copyright Material
   
  • (1) Users acknowledge and agree that the 20six Platform and the 20six Service involves the use of software ("Software") that contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Users further acknowledge that the content of Weblogs, the 20six Platform and the Communities contain advertisements or information which may also be protected by copyright, trade mark registrations, patents or other proprietary rights and laws. The download and use of copyright material that is provided by 20six or these third parties may only be used for private, non-commercial purposes. Users may not copy, imitate, transfer, distribute, publish or commercially use this material or use it in any other manner.
  • (2) If a user publishes text, images, graphics or multimedia-files in a publicly accessible Weblog or area of the 20six Platform, they give other Users the free, unlimited, perpetual and non-exclusive license to access that content and use it for the purpose of displaying the Weblog/material in question.
  • (3) If a User publishes other digital contents in a publicly accessible area of 20six (e.g., layouts, design templates, scripts, navigation elements or structures), they give other members of the community the free, unlimited, perpetual and non-exclusive right to use these contents wholly or partially in all manners. This paragraph only concerns content that is legal and the publication of which is not against applicable law.
  • (4) Users warrant to 20six that they have the rights to display the content that is placed on Weblogs, Communities or otherwise on the 20six Platform.

  

• § 9 Liability
   
  • (1) 20six does not guarantee the constant and uninterrupted use of the 20six Platform, the 20six Services or the Weblogs.
  • (2) 20six does not guarantee and is not liable for contracts or offers made or accepted through the 20six except where such contracts and/or offers are made by 20six themselves.
  • (3) 20six is not responsible for the content of advertising banners and other external non-20six-originating contents on the 20six Websites. Likewise, 20six will not be held liable for the contents on Websites referred to at 20six and by 20six.
  • (4) The provision of the necessary technical prerequisites for use of the 20six Services, especially the necessary hardware and software (e.g., internet browser) as well as access and transfer services must be provided and paid for by Users. 20six does not guarantee the compatibility of the 20six Services with the individual hardware and software furnishing of a User.
  • (5) 20six does not accept any liability for any losses or damage suffered by Users as a result of any use by a User of Weblogs, the 20six Platform, 20six Services or the Communities PROVIDED THAT nothing in this agreement shall serve to limit or restrict 20six’ liability to Users (or anyone else) for death or personal injury resulting from the negligence of 20six or its officers.
  • (6) Each User hereby indemnifies and holds 20six, and it’s subsidiaries, affiliates, officers, agents, harmless from any claim or demand, including legal fees, made by any third party due to or arising out of the User’s use of the 20six Services or the 20six Platform or arising out of any breach of the GTS or arising as a result of any other activity of the User.

  

• § 10 Termination of Contract
   
  • (1) Users may cancel their account and their agreement with 20six for provision of the 20six Services at any time by giving 20six two weeks’ notice. 20six has the right to cancel a User’s account and cancel 20six’ agreement with a User with immediate effect without giving notice in the event that the User breaches any term of the GTS or any other terms. Furthermore, 20six has the right to cancel a User’s account and cancel 20six’ agreement for any reason by giving the User two weeks’ notice.
  • (2) The termination of contract for 20six Services which have been paid for by Users are subject to special regulations of which the User will be notified on completion of a contract.
  • (3) On termination, all personal content of the User will immediately be removed from Weblogs, and otherwise from the 20six Platform and the Communities. If requested by a User within a reasonable time of the termination date and provided that 20six does not in its reasonable opinion think that it would be inappropriate to do so, these contents may be made available to the User in digital form subject to the User’s payment of 20six standard administrative charge.
  • (4) Users agree that 20six shall not be liable for to Users or to any third party for any termination of access to service or removal of content.

  

• § 11 Data Protection
  20six is registered under, and will process your Registration Data and other personal data in accordance with, data protection legislation. 20six does not divulge personal data to third parties except for the processing of payment collection in the case of paid services (external provider). Through contractual obligations, 20six assures that its partner firms observe the data protection regulations. The 20six privacy promise is applicable.
  
• § 12 Viruses
  Whilst effort has been taken to ensure that the 20six Platform, Weblogs and the Communities are free from viruses, 20six gives no warranties to Users that it will always be free from viruses and Users are responsible for ensuring that they have installed adequate and up-to-date virus-checking software. 20six excludes, in so far as it is legally possible, all liability and responsibility (subject to the provisions of Clause 9(6) above) for any viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment or other material transmitted with or as part of the 20six Platform, the 20six Services, Weblogs and the Communities.
  
• § 13 Miscellaneous
   
  • (1) The names, images and logos identifying 20six or third parties and their products and services, are the proprietary marks of 20six, and/or may be the proprietary marks of third parties. Any use made of these marks may be an infringement of rights in those marks and 20six reserves all rights to enforce such rights that it might have.
  • (2) If any of the GTS should be determined to be illegal, invalid or otherwise unenforceable, the term or terms in question shall be severed and deleted from the GTS and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
  • (3) These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising from matters relating to the Site shall be exclusively subject to the jurisdiction of the courts of England and Wales.