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September 05, 2010, 04:22:51 AM
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Please read these Terms and Conditions of this website carefully. They are the Agreement between you ("you", "member", "visitor" or "user") and the Ti Five Group ("Ti Five", "we" or "us").

The Agreement sets out the terms and conditions ("Terms" or "Agreement") under which the services provided by the website peeppeep.co.uk ("website" or "site" or "service") operate. It should also be read along side the peeppeep Privacy Policy.
You must accept all these terms and conditions before you use the website and/or forums. These terms and conditions determine your use each and every time you use the website or forums.

If you do not agree to the Terms in their entirety, do not register for the service or otherwise access or use this website.

REGISTRATION, MEMBERSHIP AND VISITORS

Anyone using the website peeppeep.co.uk becomes a user of the service. Visitors to the website who do not register similarly affirm that they are bound by this Agreement each time they access the website.

When you register you become a Member of the service. You agree to provide an accurate and true e-mail address which you alone have access to. You acknowledge that if your Registration Data is untrue, inaccurate, not current or incomplete in any respect, we reserve the right to terminate this Agreement and your use of the Site.

The Ti Five Group reserve the right to immediately suspend or terminate your access to the Service, without notice, upon any breach or believed breach of this Agreement by you.

Your membership in the Service is for your sole, personal use. You may not authorise others to use your membership. You agree not to make your registration details known to anyone else or, if you do, should that other person in any way cause any harm, distress or abuse to others using the service by way of entries or reports they make then you accept responsibility for that as though you yourself made those entries/reports.

USERNAME AND PASSWORD

Members will be asked to select a username and password. You may not choose any username or password that is regarded (by us) as indecent or offensive in anyway, that attempts to impersonate others, or may be protected by trademark or other proprietary rights law.

Your username and password are entirely your responsibility to guard and protect. You agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account is no longer secure, you agree to immediately notify us by emailing us at info@peeppeep.co.uk.

You are solely responsible for maintaining the confidentiality of your username and password and for any and all activities that are conducted through your account.

ONLINE CONDUCT

As a member you agree you are solely responsible for the content or information you publish or place (hereinafter, "post", "posts" or "reports") on the Service. You agree you will not post any defamatory, inaccurate, untrue, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).

To use the service you are agreeing to adhere to strict levels of acceptable behaviour. You agree that should you fail to adhere to such (with the decision about adherence being the sole responsibility of the Ti Five group) your membership may be terminated immediately and without notice.

The decision about what are acceptable standards of behaviour remains at all times with the Ti Five Group. There is no requirement upon us to explain a decision about this and there is no form of appeal against a decision to terminate or restrict a membership.

As guidance the following are some of the behaviours we will or may find unacceptable and which will lead to a member being in breach of these terms and conditions and may lead to a membership being terminated. This list is in no way exclusive:

Posts which include any information that could identify you to another - such as surname, e-mail address, home address, other location, telephone numbers, URLs, or any attempts or details which are aimed at arranging a meeting point.

Anything which could be regarded as obscene, offensive or suggestive of obscene or suggestive behaviour or comment.

Any breach of another parties confidential information, or trademark or other intellectual property.

Any attempt to harass, upset, offend or identify another person.

Any attempt to harass, upset, offend or identify another person.

Any attempt or effort to impersonate any person or entity.

Any attempt or effort to engage in advertising to, or solicitation of, other members or visitors to buy or sell any products or services through the service.

Any attempt to send spam, e-mails or chain letters to other members or visitors.

You will not express or imply that any statements you make are endorsed by the Ti Five Group.

You will not use any robot or spider, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.

You will not post or reproduce in any copyrighted material, trademarks, or other proprietary information

You will not remove any copyright, trademark or other proprietary rights notices contained in the Site.

You will not interfere with or disrupt the services or the site or the servers or networks connected to the services or the site.

You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

You will not "frame" or "mirror" any part of the Site, without our prior written authorization. You also shall not use metatags or code or other devices containing any reference to peeppeep.co.uk or the service or the site in order to direct any person to any other Web site for any purpose.

You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the site or any software used on or for the site or cause others to do so.

We do not exclude any liability for death or personal injury due to our negligence.




REPORTING OF POSTS OR OTHER BEHAVIOURS THAT BREACH OR MIGHT BREACH THESE TERMS

It is your responsibility to bring to the attention of the administrators of the service any posts you find that could be interpreted as breaching these Terms. Beside every report there is a Report to Moderator link. Please notify us by using this or by sending an email to info@peeppeep.co.uk with details of any material contained in the service that you believe infringes these rules.

Once a complaint has been made it may be investigated. This may involve the material complained about being removed from the website while any such investigation takes place. The decision as to whether a post/report breaches the online conduct clause is a decision taken solely by us.

INDEMNITY BY MEMBER

Ti Five in no way accepts any responsibility for the behaviour of viewing or participant members usage of the services of the website.

The nature of the website means that the Ti Five Group and all our employees, agents and/or representatives have no reasonable manner of ensuring you make accurate and true posts on the website. Therefore each member is entirely and completely responsible for the posts or other behaviours while they use the services. By agreeing to these Terms you are accepting full responsibility for that behaviour and posts.

The website allows for users to post comments about another drivers behaviour but specifically does NOT intend for an individual driver to be uniquely identified. Ti Five specifically limits the posting of a registration number to four digits and does NOT advise any member to record any other digits within the text of their post. In situations where the vehicle registration number is made up of four or less digits Ti Five explicitly recommends that all members record only a part of the registration number and not the entire, unique number.

You agree to indemnify us and all our employees and representatives against any and all claims, losses, liabilities and costs (including legal fees) that arise directly or indirectly out of or from (i) your breach of this Agreement; (ii) any allegation that any materials that you submit to us or transmit to the site infringe or otherwise violate the copyright, trademark or intellectual property or other rights of any third party; and/or (iii) all your activities in connection with the site.

ONLINE CONTENT

Opinions, advice, statements, offers or other information or content made available through the Service are those of their respective Member and not of the Ti Five Group and should not necessarily be relied upon. Such Members are solely responsible for such content.

Ti Five does not guarantee the accuracy, completeness or usefulness of any information on the service and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. In fact the website clearly has no way of confirming the accuracy of any entries/posts/reports submitted and members and visitors using this website acknowledge and accept this as fact.

Under no circumstances will Ti Five be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the service or transmitted to Members.

The site may contain links to other Internet Web sites or resources. We neither control nor endorse such other Websites, nor have we necessarily reviewed any content that appears on such other Websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy or inappropriate nature of any content, advertising, products, services or information located on or through any other Websites or for the operation or policies of any such websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such websites or such content or other information.

We do not exclude any liability for death or personal injury due to our negligence.

WARNING - PLEASE READ

It is possible that other Members may post or transmit offensive or obscene materials on the service and that you may be involuntarily exposed to such offensive and obscene materials.

Ti Five is not responsible for the use of any personal information that you may choose to disclose on the service.

Ti Five reserves the right, but has no obligation, to monitor the materials posted in any area of the service.

Ti Five shall have the right but not the obligation to remove any such material that violates, or is alleged to violate, the law or this Agreement.

Notwithstanding this right of Ti Five you remain solely responsible for the content of the materials you post in any area of the service. Emails sent between you and the Ti Five Group will be treated as private to the extent required by applicable law and pursuant to the commercially reasonable efforts of Ti Five Group.

We do not exclude any liability for death or personal injury due to our negligence.

PROPRIETARY RIGHTS

The Ti Five Group owns and retains other proprietary rights in the services and the site. The services and the site contain the copyrighted material, trademarks and other proprietary information and software and its licensors.

In addition, other Members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary information.

By posting information or content to any area of the website you automatically grant, and you represent and warrant that you have the right to grant, to Ti Five and other Members an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information and content. Further to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

INFORMATION SUPPLIED BY MEMBER

We will respect your personal information and undertake to comply with all applicable data protection legislation in the UK and other jurisdictions in which we offer the Service, subject to the Privacy Policy of this site.

The personal information (including sensitive personal information) you provide to us will be stored on computer. You consent to us using this information to build up a profile of interests, preferences and browsing patterns and to allow you to participate in the service. All Members also agree to uphold and maintain our Privacy Policy and to the terms and conditions thereof. You may read a full description of our Privacy Policy at the section of the website, which covers the privacy policy.

DISCLAIMER OF WARRANTY

Ti Five provides the service and the site on an "as is" basis and grants no warranties of any kind, express, implied or statutory, in any communication with Ti Five Group or its representatives, or otherwise with respect to the service or the site.

Ti Five specifically disclaims any implied warranties of merchantability, fitness for a particular purpose or non infringement. We do not warrant that your use of the service or the site will be secure, uninterrupted, always available or error-free, or will meet your requirements, or that any defects in the service or the site will be corrected.

LIMITATION OF LIABILITY

In no event will Ti Five be liable

(i) to you for any incidental, consequential, or indirect damages arising out of the use of or inability to use the service or the site, even if Ti Five or its agents or representatives know or have been advised of the possibility of such damages, or
(ii) to any person other than you. Notwithstanding any contrary provision herein but subject to the foregoing limitation on liability, in all events Ti Five liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Ti Five for the service during the term of membership.
(iii) Ti Five disclaims all liability, regardless of the form of action, for the acts or omissions of other Members or users (including unauthorized users, or "hackers") of the Service.
(iv) Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.
(v) We do not exclude any liability for death or personal injury due to our negligence.


COPYRIGHT POLICY

We respect the intellectual property of others, and we ask our Members to do the same. If you believe that a copy of your work is available on the service without your consent or that a copyright infringement has otherwise occurred, please supply us with the following information:

a) description of the copyrighted work that you claim has been infringed;
b) Details of where the infringing material is located on the Site;
c) Your name & address, day time telephone number and your email address;
d) A statement by you that you believe in good faith that the use of the work on the Site is not authorized by the copy right owner or any person entitled to act on their behalf or by law; and
e) An affidavit executed by you that the information you provide concerning the copyright infringed is accurate and that you are the copyright owner authorized to act on their behalf. Please contact us to determine where this information should be sent

COMPLAINTS

To resolve a complaint regarding the Service or the Site, you should contact complaints@peeppeep.co.uk

TRADEMARK NOTICES

Peeppeep is a trademark owned by the Ti Five Group. All other trademarks, logos, service marks, company or product names set forth in this Website and any literature or printed or issued documentation or any promotional literature are the property of their respective owners.

CHANGES TO WEBSITE/SERVICE/TERMS

We reserve the right at any time to:

a) Introduce or change any fees or charges for using the site or any other services of the website
b) Change the Site, including eliminating or discontinuing any content on or feature of the Site; or
c) Change the terms and conditions of this site

Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting on the site or email. Your use of the site after such notice will be deemed acceptance of the changes. Be sure to review this Agreement periodically to ensure familiarity with the most current version. Upon our request, you agree to sign a non-electronic version of this Agreement.


GENERAL PROVISIONS

This Agreement with you, set out in these Member Terms and Conditions, is governed by law and you and we submit to the non-exclusive jurisdiction of the English/Scottish Courts in the event of any dispute regarding these Terms or the Service or the Site or any matter related thereto. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

This Agreement, accepted by you upon registering for the Service, contains the entire agreement between you and Ti Five regarding the Service and the Site, including the Privacy Policy. In the event of any conflict between the Privacy Policy and this Agreement, this Agreement shall control.

Unless otherwise explicitly stated, the Terms will survive termination of your membership to the service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

The Member certifies that the Member has read and agrees to be bound by these Terms.

The member specifically acknowledges that s/he understands that any reports/entries/communications posted on the peeppeep website is solely the responsibility of that member. The member in no way holds the owners of the website and Ti Five Group responsible or in any way liable for reports/entries/communications or their consequences.

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