Introduction
This Agreement is a legal document, which sets out your
rights and obligations, and those of yourlifelog.co.uk
Limited, a company registered in England and Wales under
registration no. 5666572 ("yourlifelog",
"we" or "us"), in relation to this
site and the services offered by yourlifelog
through it the "yourlifelog
Service".
You must take the time to read and understand it before
registering for the yourlifelog
Service.
By registering, you accept that you are entering into
a contract with us on the terms of this Agreement. Visitors
to the yourlifelog Service
who do not register to become a Member agree that they
are bound by this Agreement each time they access the
yourlifelog Service.
You should be aware that this Agreement may change in
accordance with Clause 18. Also, please note that if we
remove any of our yourlifelog
Classic Member Services, Classic Members may be entitled
to a refund of part of their Classic Membership fee (Clause
8 (ii)); but we may remove some of the Services from the
yourlifelog Service,
either on a temporary or permanent basis, without making
any refund.
You must ensure that the email address we hold for you
is current and that you have full access to it, as we
will be sending you important messages to that address.
If you change your email address you must inform us of
your new address through your ’My Profile’
page.
1.Membership
People who register for the yourlifelog
Service become Members. Members under 18 years of age
must have their parent or guardian’s permission
to register and use the yourlifelog
Service.
Members (those who do not pay the fee we charge):
May create and update their Lifelog profile within the
yourlifelog Service,
using the facilities made available for doing so. If a
Member is asked to do so, relevant details must be removed.
Members are the controllers of the information they input
relating to living persons, and therefore have obligations
under the privacy and data protection laws (such as the
Data Protection Act 1998). yourlifelog
may remove details if so required.
May use search criteria within the yourlifelog
Service.
May read other members Lifelog profiles
May invite Family and Friends to contribute to their Lifelog
profile
May create and update a Lifelog profile for an ancestor.
May receive internal messages from Classic Members
May view message boards which may be available on the
yourlifelog Service
May receive emailed messages, sent to the email address
contained in ’My Profile’ enabling us to deliver
a quality yourlifelog
Service. Such emails are detailed in the privacy
policy.
Classic Members (those who do pay the fee we charge):
As well as the above benefits Classic Members
May send internal email messages to other members
May read internal email messages received from Classic
Members
May contribute to other members Lifelog profiles subject
to approval from any such member.
May post to message boards, which may be available on
the yourlifelog Service.
May upload a photograph to their Lifelog profile.
Upload photographs and other multimedia files to My Gallery.
Up to a maximum capacity of 10 megabytes. This will be
reviewed regularly.
View other members Galleries.
If any photograph contains the image of a living person,
the member uploading it must obtain consent of that person
to the photograph appearing on the yourlifelog
service and must ensure the compliance of each such photograph
with all privacy, data protection and other laws. yourlifelog
may remove any photgraph from the yourlifelog
service if required to do so by any affected person.
We are not an internet service provider. To use the yourlifelog
Service you must have internet access and all the software
required for email and web usage.
Please also note that some or all of the details and message
board postings you include on the yourlifelog
Service may be viewed by non-Members who access the relevant
information by means of searches through internet search
engines and the like.
By registering as a Classic Member, you agree to take
the Classic Membership available to you promptly after
the fee is paid and without the right to cancel your Classic
Membership during the cooling-off period, which is provided
for certain, purchases under the Consumer Protection (Distance
Selling) Regulations 2000. If you wish to continue your
Classic Membership after the expiry of your initial and
any subsequent subscription period you may do so at our
then current terms and prices.
Classic Membership is renewable yearly. If you have a
yearly Classic Membership, you will need to renew it every
twelve months if you wish to continue benefiting from
Classic Membership.
Please also note that we reserve the right to change the
amount of the fee for Classic Membership, the period,
which it covers, and the services that are offered. However,
we can assure Classic Members that we will provide them
with 28 days notice of such changes, which will only take
effect from their next renewal date, unless otherwise
agreed with the Classic Member.
2. Registration
You undertake to register for the yourlifelog
Service using accurate and current information about yourself
including your correct name, and any other requested details.
As part of the registration process for the yourlifelog
Service we will send a verification email. This is to
ensure that you control the email address you provide.
The email contains simple instructions, which you should
follow to complete registration. If you provide details
of a credit, debit or charge card, you must ensure that
you are fully entitled to use that card, and that it has
sufficient funds to cover the charges, which are deducted
from it.
3. Privacy Policy
yourlifelog’s Privacy
Policy forms part of this Agreement, and by agreeing to
this Agreement, you also give your consent to the way
we may handle your personal data as detailed in that policy.
Due to the global nature of the World Wide Web any posting
on the yourlifelog Service
is accessible to internet users around the world.
4.Website Content.
We aim to offer the yourlifelog
Service through the web site or otherwise and we shall
take reasonable measures to protect and preserve the content
submitted by you. You, whether you are a Member or non-Member
of yourlifelog, acknowledge
that we are not and cannot be responsible for the behaviour
of Members, whether on the yourlifelog
Service or outside of it. We provide a venue where Members
can contribute information and the yourlifelog
Service may be accessed. In particular, you should be
aware that yourlifelog
does not pre-screen or monitor the material contributed
by Members to ensure that it is genuine.
yourlifelog or its affiliates
may offer new or additional services through the yourlifelog
Service from time to time. If any part of this agreement
or any change of this agreement is unacceptable to you
or will cause you to no longer be in compliance with the
agreement, you may discontinue use of the site at any
time. Continued use of the site now or following changes
in this agreement implies that you have read, accepted
and are bound by the changes.
5. Operation of yourlifelog
Services
yourlifelog reserves
the right to withdraw or modify aspects of the yourlifelog
Service, or the entirety of it, where we have legal or
commercial reasons to do so. There may be times when the
yourlifelog Service becomes
inaccessible as a result of technical difficulties experienced
by yourlifelog or on
the Internet. We will use reasonable skill and care to
overcome these difficulties where they are within our
control. There will be no refund of Classic Membership
fees and we will we have no other liability to you for
withdrawal, modification or unavailability of the yourlifelog
Service, except as provided in Clause 8(ii). For security
or other reasons, we may require you to change your password
or other information, which facilitates access to the
yourlifelog Service.
6. Misuse of the yourlifelog
Service
We reserve the right to suspend or terminate any Member's
access to the yourlifelog
Service, or parts of it, and/or to remove, or require
the Member to remove, material posted on the yourlifelog
Service, if the relevant Member or material appears to
us, or to a complainant, to be in breach of any provision
of this Agreement. Any person whose access has been suspended
or terminated must not re-register for, or re-access the
yourlifelog Service without
yourlifelog’s consent.
You are responsible for everything, which is done on or
through the yourlifelog
Service while your Membership account is logged on to
the yourlifelog Service,
or through your email address. In addition, we reserve
the right to suspend or terminate any Member's access
to the yourlifelog Service,
or parts of it, if the relevant Member is abusive, discriminatory
or threatening, or harasses or communicates offensive
messages or images to another Member, whether or not through
the yourlifelog Service.
For completeness, where we reserve a right in this Agreement,
it does not mean we will be obliged to exercise it. Also,
given the open-access nature of the yourlifelog
Service, we cannot prevent determined people whose Membership
has been suspended or terminated from re-accessing or
re-registering as Members, in breach of their obligations
under this Agreement.
7. Intended Use of the Website
The yourlifelog Service
is intended to be used by its Members for the purposes
referred to in Clause 1. Members must not include an email
address, postal address, phone number, the address of
any website, or any other information which is intended
to facilitate direct communication in material which is
posted on the yourlifelog
Service. Members must not place material on or otherwise
use the yourlifelog Service
for any business or commercial purpose. Members must not
use their access to the yourlifelog
Service, or information gathered from it, for the sending
of unsolicited bulk email.
8. Fees
(i) You acknowledge that we are entitled to alter the
amount or the basis of the calculation of our fees from
time to time, provided that such amount or basis is clearly
stated at the time when you agree to take the relevant
yourlifelog Service or
prior to any fees being taken.
(ii) Fees paid by a Classic Member will not be rebated
or refunded by yourlifelog
except as follows. If, under Clause 5 above, we entirely
withdraw a Service specified in Clause 1, or the entirety
of the yourlifelog Service
itself, then you may be entitled to a rebate of your Classic
Membership fee for the remainder of the twelve month period
to which that fee relates. But no part of the fee will
be rebated to a Classic Member under any circumstances
if the Classic Member has used on one or more occasions
the yourlifelog Classic
Membership Service during the period to which the Classic
Membership fee relates, No rebate of any part of the Classic
Membership fee will be payable under any circumstances,
other than as provided in this Clause (8(ii)).
(iii) We may offer new or ancillary services from time
to time, which require the payment of fees either to us
or a nominated third party on terms, which will be provided
to you at the time.
9. Your responsibilities
You are responsible for ensuring that no material you
post, or which is posted through a machine on which you
access the yourlifelog
Service, nor any activity or communication you make in
connection with any yourlifelog
Service, will be capable of (a) infringing the intellectual
property or other rights of any person or entity, (b)
breaching any applicable law, whether criminal or civil,
or (c) appearing to be offensive, threatening, abusive,
discriminatory, obscene, pornographic, false, libellous,
defamatory, unreliable or misleading.
You must not upload, post or otherwise transmit to the
web site any material that contains software viruses or
any other computer code, files or programs that might
interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment,
or do any other act which causes or contributes to the
same.
Each Member acknowledges that we are entitled to withdraw
any material on the yourlifelog
Service, which appears, whether based on information received
from Members or others or our own determination, to be
capable of breaching any part of this Agreement, or to
bring the yourlifelog
Service into disrepute. However, each user acknowledges
that we do not pre-screen or monitor material, which appears
on the yourlifelog Service,
and that we are reliant upon you and all users to notify
us of anything you see here which appears likely to breach
this Agreement.
If you see anything on the yourlifelog
Service, which appears to infringe this Agreement, please
contact the Abuse Manager at abuse@yourlifelog.co.uk
immediately.
10. Disclaimer and Release
yourlifelog has no control
over or responsibility for the truth or accuracy of any
material available on the yourlifelog
Service, whether provided by Members or others.
If any third party sites are linked to from the yourlifelog
service, this does not mean that we endorse or have any
responsibility for the site in question or anything, which
appears on it.
You should exercise caution in appraising what you see
on the yourlifelog Service.
Even though Members are prohibited from doing so, people
may provide information, or otherwise behave, in a way
that is unreliable, misleading or even illegal. People
may not necessarily be who they say they are.
Your use of the yourlifelog
Service is entirely at your own risk.
Accordingly, to the extent that the law permits, you release
yourlifelog, its directors,
contractors and employees from all liability arising out
of your use of a third party site or arising out of or
in connection with the yourlifelog
Service and the material included here by members and
other third parties.
11. Intellectual Property
You acknowledge that all copyright, trademarks, and other
intellectual property rights in and relating to the yourlifelog
Service, including the material, which is contributed
by Members, are owned by yourlifelog.
It is easy to copy material, which appears on web sites,
but this does not make it legal. Therefore, no one may
copy, distribute, show in public or create any derivative
work from the yourlifelog
Service, or any of the material, which is found on the
yourlifelog site unless
properly licensed to do so by yourlifelog.
By submitting any material to the yourlifelog
Service you are representing that you are fully entitled
to do so.
12. Excluded loss
We will not be liable to you or any third party for any
loss not reasonably foreseeable by us when this Agreement
commences for any indirect or consequential loss or damage,
or for any loss of data, profit, revenue or business,
howsoever caused, whether arising out of any negligence
or breach of this Agreement or otherwise. yourlifelog
will also not be liable for any failure to perform any
of its obligations under this Agreement caused by matters
beyond its reasonable control.
13. Limitation of Liability
Without limiting the preceding Clause, during any period
of twelve months, the aggregate liability of yourlifelog
under this Agreement, whether arising in negligence or
otherwise, will not under any circumstances exceed an
amount equal to the Classic Membership fee payable at
the time liability arises.
14. Non-excluded Liabilities
Nothing in this Agreement limits yourlifelog’s
liability for death or personal injury resulting from
our negligence, or any other liability, which may not
by law be excluded. Any statutory rights you may have
as a consumer remain unaffected.
15. Indemnity
You agree to indemnify us against all liabilities, claims
and expenses that may arise from any breach of this Agreement
by you or through a machine on which you access the yourlifelog
Service.
16. Assignment
We reserve the right to assign this Agreement, and to
assign or subcontract any or all of our rights and obligations
under this Agreement. You may not without the written
consent of yourlifelog
assign or dispose of this Agreement.
17. Entire Agreement and Severability
This Agreement includes our privacy
policy. Together they contain the whole of the agreement
between us and you concerning the yourlifelog
Service and they replace all earlier agreements and understandings
with you, except for any fraud or fraudulent representation
by either of us. A person who is not a party to this Agreement
has no right under the Contracts (Rights of Third Parties)
Act 1999 to rely upon or enforce any term of this Agreement.
In the event that any term of this Agreement is held to
be invalid or unenforceable by judicial decree or decision,
the remainder of this Agreement shall remain valid and
enforceable. This agreement shall be governed and construed
in accordance with the laws of England and Wales.
18.Variation of this Agreement
We may change this Agreement from time to time. When we
do so, we will post the new version on the yourlifelog
Service and notify you of the fact that there are changed
terms. Any new version of these terms and conditions will
take effect, and will govern all yourlifelog
Services and your relationship with yourlifelog
in all respects commencing immediately after the date
of posting or such later date as yourlifelog
indicates in the relevant posting. If you do not wish
to be governed by the new version of the Agreement, you
may notify us on or before the date when the new version
of the Agreement is to take effect, and from that date
you must cease to use the yourlifelog
Service:
19. Retaining this Agreement
We don't separately file the individual Agreements entered
into by members when they register for the yourlifelog
Service. Please make a durable copy of this Agreement
by printing and/or saving a downloaded copy on your own
computer.
20. Contact
You can contact us by email at info@yourlifelog.co.uk