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butN: Terms of Use

Preamble

These services are provided by butN Limited, (hereinafter referred to as butN), a FedEE Services Limited company, Broad Quay, Prince Street, Bristol BS1 4DJ, UK.

In this document the following definitions apply:

Terms of use: These terms of use constitute the contractual relationship between the user and butN limited. They cancel and replace any past terms even if not directly or specifically withdrawn or amended. They constitute, in association with our privacy policy, user guide and related documents, the entirety of the rights and obligations in respect to both parties.

Associates: All authorized parties providing information or services to butN users via our systems – including advertisers and sponsors.

Privacy: Your rights to privacy are set out in our privacy policy. Please ensure that you consult it before using any butN services. You should also abide by our user guidelines as also set out in a separate document.

Services: All actions taken by butN and its associates to support its systems and/or benefit its users. These include websites, email notifications, texts, telephonic communications, applications, links, information, text, graphics, photographs, videos, sound recordings, plans, maps, guidance, software, user safeguards, updates, upgrades and events.

Users: All parties in any worldwide location or locations who draw on the services of butN, its systems and/or services – including natural and corporate persons.

General Undertaking

Users of all butN services undertake to comply with our general terms of use as set out below. These may be further supplemented or modified by specific services and service providers accessed through butN’s various systems and services.

Qualifications

All users shall be at least eighteen years old, free from any criminal or civil offence involving molestation, deception or impersonation, and the holder of a professional or executive position normally requiring some form of post-compulsory school education and/or training.

Ownership

All users who have become a member of the butN community shall have access to common elements of its services. This shall be on a personal, royalty-free basis through a non-assignable and non-exclusive user licence. This licence does not entitle you to transfer, copy, distribute, change, sell, rent, contaminate by viruses, create derivative works or services or lease/rent/loan out the services provided, including any data and software provided. Users strictly undertake not to remove any copyright or trade marks or reverse engineer or access source code unless you have the prior express, written permission of a butN board member.

No use of any service provided by or through butN systems grants any rights in respect to intellectual property on the user. All material is subject to the ownership rights of the provider and this particularly extends to the branding and identifiers used by butN or its associated service providers.

All content entered onto butN systems shall remain the property of the party submitting it or its rightful owner. By submitting it, however, the party indemnifies butN from any third party ownership liabilities and, by default, gives butN a global licence to reproduce it, store, prepare derivative works, distribute, remove, analyze, exploit and use it as a basis for other material on butN systems. This shall be for the principal purpose of maintaining, enhancing, promoting and improving butN services. This right is in perpetuity and free of all charges.

We shall promptly remove any material that we discover by any means to be offensive or to infringe the Digital Millennium Copyright Act or other equivalent local laws. We also reserve the right to terminate the accounts of any user found to have infringed butN rules and/or the copyright of any other party, or parties.

Communications

Users should take every reasonable precaution before meeting others contacted through butN and adhere strictly to our user guidelines.

butN users are entirely responsible for downloading information from all other user or third party accounts, establishing contact with each other, the conduct of communications and all outcomes of online and face-to-face encounters. We do not conduct background checks on potential users or users and make no other checks on the validity of data supplied to our systems. Neither do we conduct routine screening of data uploaded to our systems, apart from spot checks or monitoring based on prima facie concerns.

Users agree that by accessing butN systems they do so entirely at their own risk. We offer no warranty on the conduct of other users or any consequential damages, injury, financial loss, systems failure or malfunctions, withdrawal of user accounts, distress, criminal acts or civil torts of any kind. However, we do reserve the right to carry out spot checks on users and investigate complaints in as thorough way as may be necessary within the framework of local laws.

We shall provide users facilities that provide details of their location and make this information available to other users. It is the responsibility of users to disable this facility if they wish to manually locate themselves or remain not geographically traceable.

As a user of butN services you will from time to time receive communications from our organization. These may be of an administrative, educational, legal or promotional nature.

If any disclaimer is found not to be lawful or is unable to apply for any other reason then that specific disclaimer alone will be affected and all other disclaimers will remain applicable. Any warranty will be limited to services provided for a fee and then only to a value of $100 and for a period of no more than ten calendar days.

Transactions

Users shall honour all transactions made on a fee basis and permit butN to store their account and other banking details for this purpose. Some services will be subject to local or UK taxes and foreign exchange fees. If a credit card should expire you will remain responsible for outstanding payments that fall due.

Laws and Regulations

All users must respect the integrity of our services and conform to legal constraints in all jurisdictions where they utilise them. This includes government limitations on freedom of speech. We reserve the right to suspend or terminate the provision of our services if we discover misuse, inappropriate conduct, or unlawful or commercially confidential activity. This includes making individuals invisible on our systems to specific other users on their request.

All users must respect and comply with any export control laws and regulations that may apply to its services or systems/products purchased or otherwise acquired through butN.

The provision of mobile services is on the strict understanding that they shall not be used in contravention of airline rules and regulations, road traffic laws or security procedures. We take no responsibility whatsoever for any consequences arising from the use of GPS,other tracking systems, blue tooth, wifi or hot spot technologies.

butN takes no responsibility whatsoever for the material provided by any users of our systems, platforms and ancillary services. We monitor content for its lawfulness and conformity to terms of use, but it is not possible to review all material.

Quality and Security

We shall monitor the use of butN services, for quality and security purposes, to prevent abuse and improve service provision. Such data will be kept secure in line with our privacy policy and no data so gathered will be revealed to any third parties, except our professional advisors and law enforcement authorities when requested to do so.

Material Content

butN in no way accepts any responsibility for content of any communication which constitutes ‘spam’ or ‘junk mail’, engages in commercial activities not approved by butN, solicits inappropriate information from others or otherwise violates their privacy, promotes civil unrest or political activities, contains viruses, trojan horses, or infringes intellectual or other property rights or damages other interests, is false, misleading, inaccurate, out of date, offensive, indecent, abusive, sexual in nature, obscene, harassing, harmful to children, provocative, profane, prejudicial, objectionable, threatening, seditious, defamatory, slanderous, libelous, contravenes national security, or otherwise unlawful. If butN observes or receives notification that any material carried on its systems are in contravention of this usage policy it may – at its sole discretion – remove the offending material and, if justified, destroy it or make it available to law enforcement authorities or any body which upholds standards with the sphere appropriate to the communication. All users must acknowledge and agree that material so removed and complaints made may be used in connection with court proceedings.

Users undertake that the personal data submitted to our systems relates to themselves and is accurate in all respects. Such data includes a user's name, contact details, career profile and photograph(s). Users also take full responsibility for personal data downloaded from other websites .

In no circumstances may a user profile contain direct contact details for the individual user or any other party. This includes general email addresses or website addresses.

Improper Use

Users must maintain the confidentiality of their passwords, not share them with others and are entirely responsible for any activity that takes place through their butN account. Users are responsible for any acts or omissions of any third party who uses their identification information or account, whether for fraudulent or any other purpose. Users agree to indemnify butN against any claims which may consequently arise. If users become aware of improper use of their account they must notify butN (at abus@but-n.com) as early as possible and take steps to mitigate any damage caused by, for instance, changing passwords. Users must also notify butN if they receive any inappropriate material from other users or those who have hacked into our systems.

Users further undertake to indemnify butN (our directors, officers, employees, subcontractors, agents, advisors and associates) against all other third party claims and liabilities related to any breach of these terms and/or butN services.

It is good practice to vary passwords on different accounts and avoid using identifiers that may be easily deducted by those wishing to infringe user rights. The minimum password length should contain eight characters and include at least two numerals and a capital letter.

Third parties

butN may from time to time permit other websites, publications and media to carry material relating to it and submitted to it. We also will receive links from other websites to butN websites.

We cannot be held responsible for the actions of any internet service provider or losses and/or unavailability of services arising from inadequate or malfunctioning hardware or software, systems faults or other problems outside our control. Not for any interruptions that arise from necessary systems maintenance, improvements, malfunctions or unavoidable downtime in our own systems. Nor do we take responsibility for problems arising from third party browsers, search engines, spam filters or anti-virus software.

Advertisers and Sponsors

Users agree that butN may display advertising, promotion and sponsorship information/images on pages containing their personal information and material submitted by them. Such content may not always be identified as commercial in nature and the display will be on a royalty-free basis to users.

Advertisers and sponsors may target specific audiences for their messages, but we do not guarantee that all possible target populations will be reached. All commercial material must comply with professional advertising standards and be lawful within the jurisdiction where it will be viewed. butN reserves the right to remove or modify advertising and sponsorship material without notice at any time.

Adverts or sponsorships placed on behalf of other parties will only be accepted on the basis of written evidence that the agency/representative is acting on behalf of the other party.

Although butN may issue press/media notices containing references to advertisers/sponsors, no advertiser/sponsor - or their agents - may issue any press/media notices claiming any association with butN unless we provide express, prior permission in writing for them to do so.

Changes

But reserves the right to update, modify and develop its systems without prior notice. It takes no responsibility whatsoever for any effects this may have on the content of the data users have submitted or its availability to other users. Notification of changes may be achieved by placing a notice on a butN website or in a newsletter. We reserve the right to delete material submitted to butN systems at periodic intervals and if a user terminates their use of our services.

Conduct

Users must not bring other users, butN or any associated party into disrepute, not slander, libel or in any way harass, threaten, use obscene or offensive language, or disparage others in communications. use undue sarcasm or act in a cruel or insensitive manner. They must not upload any material of an offensive, prejudicial, pornographic or unsolicited nature. They may not use butN for junk mail, spam, pyramid selling, religious fundamentalism or similar purposes. They must also respect butN's intellectual property rights at all times and be fully liable for any infringement of butN patents, trademarks and copyright which arises from their actions.

Users waive all recourse against butN for any possible damage to their image, honour or reputation, any infringement to privacy or the disclosure of information that may lead to any civil, tort, or criminal unlawful act.

Termination of accounts

Users may stop using butN services at any time. Users may also upgrade their access when new services become available. In cases where this is a premium upgrade charges may apply. butN may deactivate accounts that have not been active for at least three months.

General Disclaimer

butN provides services to users and in doing so employs its best endeavors to ensure the accuracy of information, guidance and systems. However, users should consult their own legal, financial or other appropriate specialist advisors before acting on the basis of any information and/or views obtained through our systems, our users, services, services provided by associates and other affiliates. In no event shall butN, its associates or officers be liable to users or to any other bodies, individuals or third parties for any loss, lost profit, or any special, incidental or consequential damages (however arising, including negligence) arising out of, or in connection with services, benefits and/or products supplied by butN, its services, systems or any of our associates. The limit to any liability shall not exceed six times the cost of any advertising, sponsorship, premium services provided or US$200 – whichever is the greater.

Complaints

We shall investigate all complaints made about the conduct of butN users and take whatever action we shall deem necessary – including notification to the police where strong prima facie evidence exists that a crime may have taken place or users are particularly at risk. Wherever possible we shall take such action in close consultation with those making the complaint.

All substantiated complaints and claims should be directed to our customer service department via customerservices@but-n.com. If no resolution of the complaint is achieved within six weeks then the matter will be evaluated for its significance and impact on the complainant. After butN has taken legal advice the parties may be offered mediation and/or arbitration through an independent solicitor or professional arbitration firm appointed by butN after proposing three names to the user. Their decision shall be final.

Any translation into or out of English made for the purpose of providing a service or assisting with the furtherance of any complaint will be strictly for the user’s convenience and shall not give rise to any liabilities, in itself, for the accuracy of the translations undertaken.

Users hereby waive any rights to claim injunctive relief , rescission or other equitable relief either directly or via other parties to prevent butN providing any service whatsoever.

Severability and Enforcement

These terms may be modified at any time, including any associated material to which they may refer or which refers to them. The changed terms will become effective on the date they are posted and any change will be notified to butN users through inclusion of a “last revised” date placed at the end of the terms of use.

These terms relate to individual users and their relationship with butN. No third party beneficiary rights shall apply. Should any inconsistency exist between any elements in these terms then the terms that most protect the interests of butN shall apply. If any element of these terms shall become invalid, that element alone shall be severed. All other provisions shall continue to be binding on all relevant parties.

These terms of use shall be binding on all parties that injure the lawful interests of users, butN, FedEE Services Limited or all parties on a joint basis. This obligation shall also apply to such third party successors, heirs, administrators, executors, legal representatives, agents, business partners or businesses in receipt of any elements whatsoever of the legal or financial interests of the user(s) or past user(s).

These terms shall be subject to English law and the jurisdiction of the UK courts.

butN Limited Customer Services Department (customerservices@but-n.com) and FedEE Services Limited (admin@fedee.com). September 24th 2014

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