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Welcome to Community in a Box™ brought to you by Anderson Toomey Limited (Community in a Box™, 'us' or 'we'). You must fully agree to these Community in a Box™ Terms and Conditions ('the Agreement') before accessing or using the Website, signing up for Community in a Box™ membership ('Membership') and /or using the Community in a Box™ software ('Upload Software'). Please note that visitors to the Website, who may or may not become Community in a Box™ members ('Visitors'), are also subject to this Agreement. We would ask you to please read this Agreement carefully. By accessing and/or using this Website, Upload Software and/or Service, you agree to this Agreement in its entirety. In addition, you represent and warrant that you are at least thirteen (13) years of age (for the administrator of a community. Unless supervised by an adult. It is our policy that all minors, those under the age of thirteen, should be supervised by an adult at all times when using the Internet and CIAB) and that you have the right, authority and capacity to enter into this Agreement and to abide by all of its terms and conditions. This Agreement is subject to change at any time and as such changes are effective upon their posting at the Website. We would advise you to Bookmark this page and check it frequently as it is up to you to refer to this page for any amendments and/or changes to the original Agreement. However, Anderson Toomey Ltd will endeavour to bring such changes to your attention. Note: If you do not agree to this Agreement in its entirety, you are not authorised to access or use this Website, Upload Software and/or the Service in any manner or form, whatsoever.
Community in a Box™ provides a secure platform for personal communications and file sharing between friends and families. The Service is only available to signed-up 'Members' of a community. The Community in a Box™ upload system allows community members to access and upload any content (including, without limitation, music files, voice messages, video files, software and/or pictures - collectively, the 'Upload Content'), through use of our propriety Upload Software. Community in a Box™ provides only the service and associated Upload Software and, in no way, is involved in the provision of Upload Content. The Service and Upload Software are made available to our Members, subject to the terms of this Agreement.
You must be at least 13 years old to create your own community (the 'Administrator')or be supervised by an adult if younger. Once created you may invite friends and family to become members of your community. To obtain access to the Service, you must register as an Administrator. To register, you must supply certain registration data including, and without limitation, username, password, telephone number, e-mail address, mailing address and if signing for any paying services credit or debit card details for billing purposes ('Registration Details'). You agree to provide accurate Registration Details and to update your Registration Details, as necessary, to maintain it in an up-to-date and accurate fashion. Community in a Box™ will use your Registration Details in accordance with the terms of our privacy policy.
Your Membership is free of charge. Access to, and use of, the Service is through a combination of both user name and password ('Login'). You must keep your Login details strictly confidential. For security reasons, Community in a Box™ will not release passwords for any reason, other than to the applicable Members themselves, except as may be specifically required by law and/or court order. You agree that you will not authorise and/or permit others to use your Membership. Community in a Box™ shall not be responsible for any unauthorised use of Membership. Furthermore, unauthorised access to the Service, Website and software are a breach of this Agreement, violation of applicable law and subject to your obligations of indemnification as set forth in Section 10, herein below.
Community in a Box™ provides each community with 1Gb (one Gigabyte) of free storage space. We would ask that communities respect this 'fair use' limit and stay within it by deleting their old content. The community administrator will receive an email message informing them when this limit is close to being reached. They will be asked to delete old files to bring them within the 1Gb limit.
As a member, you represent, warrant and agree that you will:
The content, organisation, graphics, design, compilation, magnetic translation, digital conversion, software and other matters related to the Website, Upload Software and Service are protected under application copyright, trademark and other propriety (including, without limitation, intellectual property) rights. The copying, redistribution and/or publication by you of any part of the Website, Upload Software and/or Service is strictly prohibited.
Use of the Website, Upload Software and/or Service are subject to our privacy policy, which is hereby incorporated into, and made part of, this agreement. We reserve the right, and you authorise us, to use and assign all information regarding your Website, Upload Software and/or Service use, and any and all other personal information provided by you, in any manner consistent with our privacy policy. For all additional information regarding our use of information collected please refer to the Community in a Box™ privacy policy.
Community in a Box™ reserves the right to run advertisements and promotional offers on the Website. By accepting the terms of this Agreement, you agree that Community in a Box™ has the right to run such advertisements and promotional offers, without compensation to you. The timing, frequency, placement and duration of such advertising is subject to change and shall be determined at the sole discretion of Community in a Box™.
The Website may provide, and/or third parties may provide, links to other Internet websites and/or resources. Because Community in a Box™ has no control over such third party websites and/or resources, you hereby acknowledge and agree that Community in a Box™ is not responsible for the availability of such third party websites and/or resources. Furthermore, Community in a Box™ does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, products and/or other materials located on or available from such third party websites and/or resources, or for any damages and/or losses arising therefrom.
Community in a Box™ may make third party software available for purchase or free use on the Website. Such software shall be subject to a separate licensing agreement governing the software's download and/or use.
You agree that any unauthorised and/or unlawful use of the Website, Upload Software and/or Service would result in irreparable injury to Community in a Box™ for which money damages would be inadequate. In such event Community in a Box™ shall have the right, in addition to other remedies available to it pursuant to this Agreement, to immediate injunctive relief against you without the need to post a bond. Nothing contained in this Agreement shall be construed to limit any legal remedies available to Community in a Box™.
You agree to indemnify, defend and hold Community in a Box™, its parents and subsidiaries, and each of their respective officers, partners, members, managers, employees, agents and lawers, harmless against any and all liabilities, claims, actions, suits, proceedings, judgements, fines, damages, costs, losses and expenses (including reasonable lawer's fees, court costs and/or settlement costs) arising from: a) your breach of this Agreement and/or any representation or warranty contained herein; b) your use of the Website, Upload Software and/or Service, in any manner whatsoever; c) any claim concerning your alleged unauthorised and/or unlawful uploading of any Upload Content; and d) any unauthorised use of your Membership.
Community in a Box™ may, in its sole discretion, terminate this Agreement and/or suspend Membership at any time without notice to you, in the event that you breach (or Community in a Box™ reasonably suspects that you have breached) any provision of this Agreement or for no reason at all. If Community in a Box™ terminates this Agreement or suspends your Membership for any reason, Community in a Box™ shall have no liability or responsibility to you. Moreover, Community in a Box™ will not refund any amounts that you have previously paid for Services and/or community Website use. You understand and agree that the cancellation of your Membership is your sole right and remedy with respect to any dispute with Community in a Box™.
The Website, Upload Software and/or Service are available only to individuals who can enter into legally binding contracts under applicable law.
You shall be responsible for obtaining and maintaining all telephone, computer hardware and any and all other equipment necessary for access to, and use of, the Website, Upload Software, Upload Content and/or Service, and all charges related thereto. Members are solely responsible for: obtaining and maintaining software and/or hardware to view, listen to and/or use Upload Content.
This agreement shall be treated as though it were executed and performed in the country of Scotland and shall be governed by and construed in accordance with the laws of Scotland (without regard to conflict of law principle). Should a dispute arise concerning the terms and conditions of this Agreement, or breach of same by either party hereto, the parties agree to submit their dispute for resolution before the courts of Scotland.
Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
To the extent that anything in or associated with the Website, Upload Software and/or Service are in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Community in a Box™ and you are independent entities, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. You will have no authority to make or accept any offers or representations on behalf of Community in a Box™.
You agree that Community in a Box™ will not be liable, or be considered to be in breach of this Agreement, on account of our delay or failure to perform as required under the terms of this Agreement as a result of any causes or conditions that are beyond our reasonable control and that we are unable to overcome through the exercise of commercially reasonable diligence (a 'Force Majeure Event'). If any such Force Majeure Event occurs including, without limitation, acts of God, fires, explosions, results of vandalism or computer hacking, storm or other natural occurrences, national emergencies, insurrections, riots, wars, strikes or other labour difficulties, or any act or omission of any other person or entity, we will give you notice and will use commercially reasonable efforts to minimise the impact of any such event.
Any attempt by any individual, whether or not a Member, to damage, destroy, tamper with, vandalise and/or otherwise interfere with the operation of this Website, Upload Software and/or Service, is a violation of both criminal and civil law and Community in a Box™ will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
You may reach a Community in a Box™ customer service representative through our contact page.
You may write to us at:
Anderson Toomey Limited
Vineyard Business Centre
Saughland
Pathhead
Midlothian
Scotland
EH37 5XP
