Terms of use
Preface
What are the Terms of Use?
The Terms of Use, set out below, are the only basis upon which The Diversity in Heritage Group will supply you with access to the Our Place Network website and service. You may not make any changes to or any modification of these terms.
If you want to use the Service you must accept the Terms of Use.
Why should I read them?
It is very important that you fully understand the Service that is being offered to ensure you use the Service appropriately.
Terms of use
A. Acceptance of Terms
The Terms of Use ("TOU") are the only basis upon which The Diversity in Heritage Group. ("DHG"), will supply you with access to the Our Place Network service as described on the The Diversity in Heritage Group website and herein referred to as the "Service". You may not make any changes to or modification of these terms. By registering you agree to be bound by all Terms and Conditions of the Service.
The rest of the TOU is broken into a number of different sections:
B. The Diversity in Heritage Group’s Obligations to You
C. Your Obligations to The Diversity in Heritage Group
D. Security and Member Privacy
E. Member Account Registration
F. Member Conduct
G. The Diversity in Heritage Group’s Proprietary Rights
H. Disclaimer of Warranties
I. LIMITATION OF LIABILITY
J. Indemnification
K. Modification and Termination of the Service
L. Modification to the TOU
M. TOU Violations
N. Entire Agreement
O. Governing Law
P. ONLINE CONTENT
B. The Diversity in Heritage Group’s Obligation to You
Subject to the TOU The Diversity in Heritage Group will:
1. Inform you of any changes to the TOU from time to time. See Modification to the TOU.
2. Remind you of aspects of 'Your Obligation to The Diversity in Heritage Group' at appropriate times during your use of the Service.
3. Treat your personal information in a responsible manner. See Security and Member Privacy.
4. Supply you with access to an on-line facility to network with contacts and contacts of contacts.
5. Supply the Service using operating procedures designed to ensure the Service's security and System availability.
6. Answer any queries you have regarding the TOU, Service and the operation of your account.
C. Your Obligation to The Diversity in Heritage Group
1. You will accept liability for some events which may occur. See Indemnification.
2. You will read, acquaint yourself fully and comply with all aspects of the TOU. If there are any aspects which you do not fully understand you will seek clarification from The Diversity in Heritage Group.
3. You are aged 18 or over.
4. You will at all times use the Service in good faith and in a responsible manner.
5. You will not allow anyone other than yourself and The Diversity in Heritage Group to access your account.
6. You will use the Service solely for your own benefit and shall not sell, lease, assign, lend, hire or gift any part of the Service in whole or in part to any other person without The Diversity in Heritage Group's prior written approval.
7. You will use the Service only for lawful purposes and in a manner which does not infringe the rights of or restrict or inhibit the use of the Service by any Member and/or The Diversity in Heritage Group.
8. Comply with all terms of Members Conduct and Member Account Registration of the TOU.
D. Security and Member Privacy
You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are responsible for any and all Member accessible activities that occur under your account. You agree to notify The Diversity in Heritage Group immediately on becoming aware of any unauthorized use of your password or account or any other breach of security.
You agree that The Diversity in Heritage Group and its authorised facilitators can access your account.
The Diversity in Heritage Group reserves the right at all times to monitor, review, retain, and/or disclose in good faith any information it believes in good faith that such action or disclosure is necessary to conform to legal and government requirements, or to protect and defend the rights or property of The Diversity in Heritage Group or enforce the TOU.
E. Member Account Registration
To register as a Our Place Network Member, you agree to:
1. Provide us with current, complete and accurate information about yourself (the registration data);
2. Maintain and promptly update the registration data to keep it current, complete and accurate at all times;
3. To represent only yourself on the Service, and no other persons, living, dead, or imagined.
If you provide any information that is not current, or is incomplete or inaccurate, or The Diversity in Heritage Group has reasonable grounds to believe that such information is not current, or is incomplete or inaccurate, The Diversity in Heritage Group has the right to suspend or terminate your membership, and refuse any and all current or future use of the Service.
Under no circumstances does The Diversity in Heritage Group have any obligations under the Agreement to check the accuracy or truthfulness of the registration data of any Member.
F. Member Conduct
As a condition of your use of the Service, you guarantee to The Diversity in Heritage Group that you will not use the Service for any purpose that is unlawful and / or prohibited by these terms, conditions, and notices.
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree NOT to:
1. Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
2. Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libellous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.
3. Create a false or misleading identity of, including, but not limited to, an The Diversity in Heritage Group employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
4. Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
5. Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
6. Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right ('Rights') of any party or infringes any intellectual property law or any other applicable law.
7. Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
8. Interfere with another member's use and enjoyment of the Service.
9. The Diversity in Heritage Group does not support multilevel marketing or network marketing. Neither Our place or The DHG should be used to recruit people for such activities or to promote such activities.
Without prejudice to the Security and Member Privacy of the TOU, The Diversity in Heritage Group has no obligation to monitor the Service or any member's use thereof.
G. The Diversity in Heritage Group's Proprietary Rights
You acknowledge and agree that the The Diversity in Heritage Group content including but not limited to (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout (6) design presented through and as part of the Service by The Diversity in Heritage Group is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
Such content received through the Service may be displayed, reformatted, and printed by you for your personal, non-commercial use only and at all times used solely in connection with the Service in accordance with the TOU.
Certain of the names, logos, and other materials displayed on the The Diversity in Heritage Group web site constitute trademarks, copyright and other intellectual property collectively referred to as 'IP rights' of The Diversity in Heritage Group. Ownership of such IP rights remains with The Diversity in Heritage Group.
H. Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT:
1. Your use of the Service is at your sole risk.
2. The Service is provided on an 'as is' and 'as available' basis and the warranties on the part of The Diversity in Heritage Group contained in this TOU are given in place of and replace, exclude and extinguish all and every other condition or warranty whatsoever on the part of The Diversity in Heritage Group, written or oral, whether express or implied by statute, regulation, directive or any other legislative or administrative enactment, common law, trade usage, custom or otherwise to the full extent permitted by law.
3. The information and content included in or available through the Service may include inaccuracies or typographical errors.
4. Changes are periodically added to the information contained with the Service and The Diversity in Heritage Group and/or its respective suppliers may make improvements and/or changes in the Service at any time.
5. No advice or information, whether oral or written, obtained by you from The Diversity in Heritage Group or through the Service shall create any warranty not expressly stated in the TOU.
Except as otherwise expressly provided in the TOU, The Diversity in Heritage Group does NOT represent or warrant that:
1. The Service will meet your requirements.
2. The Service will be uninterrupted or error-free, timely or secure.
3. Defects or errors will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components.
4. The use of or the results of the use of the Service or the content made available as part of the Service will be correct, accurate, timely, or otherwise reliable.
5. The content of the Service input by other members is correct or accurate.
I. LIMITATION OF LIABILITY
1. YOU AGREE THAT The Diversity in Heritage Group SHALL NOT BE RESPONSIBLE OR LIABLE FOR:
- PROVIDED THAT The Diversity in Heritage Group HAS FULFILLED ITS SECURITY OBLIGATIONS, UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
- ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT, SAVE THAT The Diversity in Heritage Group SHALL BE ENTITLED TO REMOVE IT IN ALL PRACTICABLE SPEED AFTER The Diversity in Heritage Group HAS BEEN NOTIFIED IN WRITING OF ITS PRESENCE ON THE SITE.
- CONDUCT OF ANY OTHER MEMBER OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
- ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION:
- DAMAGES FOR LOSS OF USE;
- DATA GOODWILL;
- PROFITS, OR OTHER INTANGIBLE LOSSES
ARISING OUT OF OR IN ANY WAY CONNECTED WITH:
- USE OR PERFORMANCE OF THE SERVICE OR RELATED WEBSITES;
- DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEBSITES;
- PROVISION OF OR FAILURE TO PROVIDE SERVICES, INFORMATION OR SOFTWARE;
- SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE;
- ERROR;
- OMISSION;
- INACCURACY;
- INTERRUPTION;
- DELETION;
- DEFECT;
- DELAY IN OPERATION OR TRANSMISSION;
- COMPUTER VIRUS;
- COMMUNICATION LINE FAILURE;
- THEFT;
- DESTRUCTION OR UNAUTHORIZED ACCESS;
- ALTERATION;
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE - EVEN IF The Diversity in Heritage Group OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
2. IF YOU ARE DISSATISFIED WITH THE SERVICE OR ANY PART OF THE SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEBSITE.
3. AT ALL TIMES AND IN ANY EVENT THE TOTAL LIABILITY OF The Diversity in Heritage Group TO ITS MEMBERS SHALL BE LIMITED TO THE TOTAL ANNUAL MEMBERSHIP FEE PAID BY THE INDIVIDUAL MEMBER TO The Diversity in Heritage Group.
J. Indemnification
You agree to indemnify, defend and hold harmless The Diversity in Heritage Group, its parents, subsidiaries, affiliates, officers and employees from any claim, demand, or damage, including reasonable legal fees, asserted by any third party due to or arising out of your use of or conduct on the Service.
K. Modification and Termination of the Service
You agree that The Diversity in Heritage Group, in its sole discretion, may terminate your password, account or use of the Service, and remove and discard any content within the Service, for any reason, including without limitation, if The Diversity in Heritage Group believes that you have violated or acted inconsistently with the letter or spirit of the TOU.
The Diversity in Heritage Group may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the Service, or any part thereof, with or without notice. You agree that any termination of access to the Service under any provision of the TOU may be effected without notice, and acknowledge and agree that The Diversity in Heritage Group may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service UNLESS agreed in writing with The Diversity in Heritage Group. Nevertheless, where possible, The Diversity in Heritage Group will use reasonable endeavours to give Members fair notice of termination or suspension of their access to the Service.
Further you agree that The Diversity in Heritage Group shall not be liable to you or any third party for any termination or suspension of access to the Service or modification of the Service.
L. Modifications to the TOU
The Diversity in Heritage Group may revise these Terms of Use from time to time, in our discretion. We encourage you to check back periodically to familiarize yourself with any changes. If we make any changes or modifications, we will post the updated Terms of Use on the Website. Please note that the changes become effective immediately at the time of posting.
The Diversity in Heritage Group reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that The Diversity in Heritage Group shall not be liable to you or any third party for any modification to or discontinuance of the Service.
M. TOU Violations
Please report any violations of the TOU to Customer Support at (EMAIL ADDRESS)
N. Entire Agreement
These TOU constitute the entire agreement between The Diversity in Heritage Group and the Member and supersede any previous agreement or understanding between The Diversity in Heritage Group and the Member.
O. Governing Law
These TOU shall be governed in all respects by English Law and the parties submit to the exclusive jurisdiction of the English Courts.
P. Online Content
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND WE NEITHER ADOPT NOR ENDORSE NOR ARE WE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY PARTIES OTHER THAN US. UNDER NO CIRCUMSTANCES ARE WE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO MEMBERS. WE RESERVE THE RIGHT, BUT WE HAVE NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE SERVICE. WE SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT, IN OUR SOLE DISCRETION, VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE MESSAGES.