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1. ACCESS AND AVAILABILITY OF SERVICES AND LINKS
The Site may contain links to other related World Wide Web Internet
sites, resources and sponsors of xwords.co.uk. Selection of an
ad banner or link will redirect you off of the Site to a third
party Web site. Interactions that occur between you and the third
party are strictly between you and such third party and are not
the responsibility of xwords.co.uk. We are not responsible for
examining or evaluating, and do not warrant the offerings of,
any of these businesses or individuals or the content of their
Web sites. xwords.co.uk does not assume any liability or responsibility
for the actions, product, availability or content of these outside
resources. You should direct any concerns regarding any external
link to the site administrator or Webmaster of the third party
Web site.
2. REPRESENTATIONS AND WARRANTIES
2.1. You represent, warrant and covenant (a) that no
materials of any kind submitted by you or xwords.co.uk's use thereof
in accordance with the terms and conditions of these Terms and
Conditions of Service, will (i) violate, plagiarize or infringe
upon the rights of any third party, including, without limitation,
copyright, trademark, privacy or publicity, moral rights, contract
or other personal or proprietary rights; (ii) contain unlawful
material; (iii) constitute false or misleading indications of
origin or statements of fact; (iv) slander, libel or defame any
person or entity; or (v) cause injury of any kind to any person
or entity; or (vi) violate any applicable laws, rules, regulations
or other governmental regulations; (b) that you are at
least 18 years old; and (c) that you will keep your username and
password confidential and shall not allow any third party to use
your Handle and password in connection with this Site or the users
you contact from your use of the Site. You hereby indemnify, defend
and hold xwords.co.uk and its officers, directors, owners, agents, information
providers, affiliates, licensors and licensees (collectively,
the "Indemnified Parties") harmless from and against
any and all liability and costs incurred by the Indemnified Parties
in connection with any claim arising out of any breach by you
of these Terms of Service or the foregoing representations, warranties
and covenants, including, without limitation, reasonable attorneys'
fees. You shall cooperate as fully as reasonably required in the
defense of any claim. xwords.co.uk reserves the right, at its
own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you. You shall
not enter into any settlement agreement which affects the rights
of xwords.co.uk without xwords.co.uk's prior written approval.
2.2. xwords.co.uk neither represents nor endorses the accuracy
or reliability of any advice, opinion, statement or other information
displayed, uploaded, or distributed through the Service by any
user, information provider or any other person or entity. THE
SITE, AND ANY MATERIALS PROVIDED BY xwords.co.uk OR THIRD PARTIES
THROUGH THE SITE ARE PROVIDED "AS IS." xwords.co.uk
MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY,
FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT
OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION,
WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT
NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY MATERIALS
PROVIDED THROUGH THE SERVICE. xwords.co.uk DOES NOT GUARANTEE
THAT YOUR ACCESS TO OR USE OF THE SITE OR THE SERVICES AVAILABLE
THEREIN WILL BE CONTINUOUS, UNINTERRUPTED OR SECURE.
You hereby acknowledge that the use of the Site and the services
available therein is at your sole risk.
3. LIMITATION OF LIABILITY
xwords.co.uk SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES
FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR
EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF THE
SERVICE, THE ACCESS SOFTWARE OR ANY OF THE MATERIALS PROVIDED
BY xwords.co.uk OR THIRD PARTIES THROUGH THE SITE, OR ANY DAMAGE
OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS OR
DELAYS IN PERFORMANCE OF THE SITE, REGARDLESS OF THE CLAIM OR
THE NATURE OF THE CAUSE OF ACTION, EVEN IF xwords.co.uk HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. Some jurisdictions
may not allow the exclusion or limitation of incidental or consequential
damages, so the above exclusions shall only apply to the extent
permissible under applicable law. To the fullest extent permissible
under applicable law, xwords.co.uk's aggregate liability, and
the aggregate liability of our licensors, to you or any third
parties in any circumstance is limited to One Hundred U.S. Dollars
($100).
4. SYSTEM INTEGRITY
You may not use any device, software or routine to interfere
or attempt to interfere with the proper working of the Site or
any transaction conducted on the Site. You may not take any action
which imposes an unreasonable or disproportionately large load
on our infrastructure.
5. TERMINATION
5.1. xwords.co.uk may, in its sole discretion, terminate or suspend
your access or refuse service at any time, without notice, to
all or part of the Site for any or no reason, including, without
limitation, breach of these Terms and Conditions of Service or
the repeated infringement of copyrights owned by third parties.
5.2. xwords.co.uk, including, without limitation, its authorized
agents and employees may terminate your use of the Site without
notice in the event that you breach any obligation in these Terms
and Conditions of Service, including but not limited to, (i) restricting,
inhibiting or disrupting any xwords.co.uk event or (ii) attempting
to alter or improperly access any feature or function of the Site.
Your access may also be subject to termination if you post or
transmit any illegal content; harass or threaten any user of the
Site or xwords.co.uk employee; post content (including, but not
limited to, the creation of usernames) that is offensive or otherwise
disruptive of Site activities; post unsolicited advertising; or
improperly impersonate a xwords.co.uk employee or other individual.
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