Terms and Conditions
Acknowledgement & Acceptance of Agreement
Roche Novus Data's Listings Service Agreement (this "Agreement") is
made and entered into by Roche Novus Data., and the business entity
identified by you when registering and accepting this Agreement (the
"Hosting Provider") by clicking on an "I Accept" button or similar
button or links, where such action is identified as having the
effect of accepting this agreement. You acknowledge, represent and
warrant that you are authorized to enter into this Agreement on
behalf of the Hosting Provider, that your Acceptance of this
Agreement has the effect of making the Hosting Provider a party and
bound to this Agreement, and that the information submitted by you
to Roche Novus Data, via online
forms or otherwise, is authentic and correct.
Term of Agreement
Roche Novus Data may, at any time in its sole discretion, terminate this
Agreement or cancel any listings or links submitted under this Agreement. Roche
Novus Data will notify Hosting Provider via telephone or email of
such cancellation or termination.
Hosting Provider may cancel any listing or link, and/or terminate this Agreement
by canceling all listings and links hereunder, with or without cause, at any
time, with no further obligation of Roche Novus Data, including, without
limitation, any obligation to refund any fees paid hereunder:
As long as any link or listing is active, Hosting Provider's account and this
Agreement will remain active and in force.
Editorial Standards and Requirements
Hosting Provider's Submissions are written by Hosting Provider, subject to Roche
Novus Data's approval. Hosting Provider agrees to be bound by and follow the
editorial standards as described in Roche Novus Data's Editorial Guidelines.
Hosting Provider's submissions to the Research-Hosting.co.uk Web Site will be
subject to Roche Novus Data's editorial review, modification and/or removal in
Roche Novus Data's sole discretion. Roche Novus Data reserves the right, but not
the obligation, to review Hosting Provider submissions. Hosting Provider
represents and warrants that its listings, links and submissions to the
Research-Hosting.co.uk Web Site will not include content, or links to content,
which may result in a third party claim against, or civil or criminal liability
to, Roche Novus Data, or its
affiliates(s), or partner(s) or that otherwise violates applicable law or the
terms of this Agreement, including, without limitation, content that is
fraudulent, deceptive, libelous, defamatory, obscene, pornographic,
adult-themed, infringing or that violates the privacy, publicity or any other
right(s) of a third party.
Indemnification
Hosting Provider hereby agrees to indemnify, defend and hold
harmless Roche Novus Data/Roche Novus Data and its affiliates and partners, and
any of their officers, directors, partners, shareholders, agents, licensees and
employees, from and against all third party claims, actions, liabilities,
losses, expenses, damages, and costs (including, without imitation, reasonable
attorney's fees, collectively, "Losses") that may at any time be incurred by any
of them by reason of any third party claims, suits or proceedings against any of
them: (a) arising out of any breach by Hosting Provider of an duty,
representation or warranty under this Agreement; or b) arising from the content
or subject matter of any Hosting Provider listing, link, submission or content
of sites to which visitors can link through Hosting Provider's links or
listings. Roche Novus Data retains completer editorial
discretion with respect to selection, placement and descriptions.
Security
It is important for Hosting Provider to protect against unauthorized access to
its password and to its computer. Hosting Provider is responsible for
maintaining the confidentiality of its account and password and for restricting
access to its computer, and Hosting Provider agrees to accept responsibility for
all activities that occur under its account or password.
Registration Information
Hosting Provider is required to submit registration information. Roche Novus
Data may use this information to contact Hosting Provider regarding its listings
and links. Roche Novus Data may disclose such information to its service
providers in connection with conducting its business and providing and
maintaining its site, and, in addition, in the good faith belief that such
disclosure is reasonably necessary to (a) comply with the law or legal process;
(b) enforce this Agreement; or (c) protect the rights or interest of Roche Novus
Data, its affiliates or related parties. Notwithstanding anything to the
contrary herein, Roche Novus Data may transfer, sell or assign such information
to third parties as a result of a merger, consolidation or combination of Roche
Novus Data
with another entity.
License
Subject to the terms and conditions of this Agreement, Hosting Provider hereby
grants to Roche Novus Data, a worldwide, limited, non-exclusive,
non-transferable, royalty-free license to: (reproduce, distribute, transmit,
display, perform, download, cache, store on its servers, and otherwise use
Hosting Provider's listings and submission, and any portion thereof, including,
without limitation, Hosting Provider's trademarks, trade names, service marks
and logos et forth therein, or as otherwise specified in writing by Hosting
Provider (collectively the "Hosting Provider Marks"), solely to display and
provide Hosting Provider's listing and links in accordance with the Agreement;
and (ii) incorporate in Research-Hosting.co.uk's Site links provided by Hosting
Provider as part of its listings and submissions.
Warranty Disclaimer
RESEARCH.HOSTING.CO.UK MAKES NO WARRANTIES (INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT),
GUARANTIES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS OR
OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN OR OTHERWISE.
RESEARCH.HOSTING.CO.UKS OBLIGATIONS UNDER THIS AGREEMENT ARE SUBJECT TO DELAYS
CAUSED BY WAR, ACT OF GOD, EMBARGOES, OR ANY OTHER CIRCUMSTANCES BEYOND
RESEARCH.HOSTING.CO.UK'S REASONABLE CONTROL. ADVERTISER ACKNOWLEDGE THAT
RESEARCH.HOSTING.CO.UK'S SITE IS OPERATED ON AN "AS IS" 'AS AVAILABLE" BASIS, AND
THAT RESEARCH.HOSTING.CO.UK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
WHATSOEVER REGARDING THE PLACEMENT OF LISTINGS OR LINKS OR THE PERFORMANCE OR
SECURITY OF ITS WEB SITE OR SERVICES.
Limitation of Liability
IN NO EVENT SHALL RESEARCH.HOSTING.CO.UK OR ANY OF ITS AFFILIATES BE LIABLE OR
RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY
DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOST
OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE AND
REGARDLESS OF THE CAUSE OF ACTION UPOIN WHICH ANY SUCH CLAIM IS BASED. IN NO
EVENT SHALL RESEARCH.HOSTING.CO.UK'S LIABILITY FOR ANY REASON WHATSOEVER EXCEED
THE FEEDS PAID TO RESEARCH.HOSTING.CO.UK BY ADVERTISER UNDER THIS AGREEMENT
DURING THE CALENDAR YEAR DURING WHICH THE APPLICABLE CLAIM ACCRUED.
Privacy
In no events all Hosting Provider collect, or cause or permit the collection of,
any Personal Information from users of Research-Hosting.co.uk's Site while such
users are browsing or viewing Research-Hosting.co.uk.
Miscellaneous
Roche Novus Data reserves the right, in its sole discretion, to (i) remove
Listings and privileges and/or cancel Hosting Provider's account for non-payment
or violation of any other term or condition of this Agreement, including,
without limitation, repeated infringements of third party copyrights; (ii)
change the fees Directory-Only or Community Subscribers; (iii) change the
procedures or rules for obtaining or maintaining a Listing; (iv) alter the
content or other aspect of any listing ; and (v) discontinue Directory-Only
Listings, Community Subscription and/or the Research-Hosting.co.uk Web Site. Payment
of Hosting Provider's monthly fee will not guarantee that Hosting Provider's listing(s), link(s)
and/or account will remain on the Research-Hosting.co.uk Web Site if Hosting
Provider or Hosting Provider's listing is deemed to be in violation of any term
or condition of this Agreement. Upon any termination or expiration of this
Agreement, Hosting Provider shall promptly pay Roche Novus Data
all moneys due hereunder.
Governing Law and Jurisdiction
This Agreement constitute a contract made under and shall be
governed by and construed in accordance with the laws of the United Kingdom,
United States and any or all Nations where Research-Hosting.co.uk Website is
downloadable. You agree that any English Civil court, if it has subject matter
jurisdiction, shall have exclusive jurisdiction to hear and determine any claims
or disputes between you and Roche Novus Data (and/or its members, managers,
officers, employees, all agents and the assigns of same), pertaining directly or
indirectly to this Agreement, or to any matter arising there from, or any other
document executed and delivered in connection herewith or therewith. This
Agreement constitute the entire agreement between you and Roche Novus Data with
respect to the use of Roche Novus Data and the information. Roche Novus Data's
failure to insist upon or enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any provision or right. Neither
the course of conduct between the parties nor trade practice shall act to modify
any provision of this Agreement. Roche Novus Data may assign its rights and
duties under this Agreement to any party at any time without notice to you.
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