Around - Terms and Conditions

Terms and Conditions of Around

1 Introduction. This Agreement is a legal document which sets out your rights and obligations, and those of Xenart Limited, a company registered in England as 3620247 ("Xenart", "Around", "we" or "us"), in relation to this site and the services offered by Around through it (the "Around Service"). By registering for the Around Service, you agree to the terms of this Agreement, and you re-affirm that agreement every time you use it. Visitors to the Around Service who do not register similarly affirm that they are bound by this Agreement each time they access the Around Service. You should be aware that this Agreement may change from time to time in accordance with Clause 23 below.

2 Types of registration. People who register for the Around Service become "Users". They must be at least 18 years of age. The User has the ability to use all User pages. Those Users whom decide to pay an annual membership fee to become a Gold Member receive access to all User pages plus additional access to a dedicated and enhanced Membership area. Those who pay the annual fee (which we call "Gold Members"), and those who do not ("Users").

Once registration has been completed, Users may browser the Around site...

post their name and some other details
receive emailed messages, which will be sent to the email address contained in Your Details (which are provided during Registration and may be updated subsequently)
post to any message boards which may be available on the Around Service;
have photographs uploaded;
Minimal additional services are available via the referral scheme. This scheme is simple in operation, for every additional User a User refers to the around site through the "tell a friend" facility, a point is gained;

Additional facilities available to Gold Members :

Send email messages to addresses of both Gold Members and Users;
Automatically gain all the referral scheme facilities;
Full view of all photographs on the site;
Use of the "Search hound" - an automated search tool;
Comprehensive details of other users;
Reduced display of Advertising promotions;
A more visually appealing web site.

3 Membership. If you decide to become a Gold Member and pay our annual Membership fee, you are agreeing to take the Membership we make available to you shortly after that fee is paid for a period of twelve months. The fee is non-reimbursable in whole or in part once it has been paid. If you wish to continue with Membership after the expiry of the applicable twelve month period, it will be charged at the terms and prices applicable at that time. Please note that we reserve the right to change factors relating to Membership, which can include the fee. However, these changes, unless they are changes under Clause 8 or Clause 9 below, will not affect your current Membership at that time.

4 Registration. You undertake to register for the Around Service and maintain your details by using current, accurate and factual information about yourself only.
If you are asked for, and provide, details of a credit, debit or charge card; in that event, you must ensure that (a) you are fully entitled to use that card, and (b) it has available funds sufficient to cover the charges which are deducted from it. As part of the registration process for the Around Service, you will receive a verification email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated during registration is controlled by you. That email contains simple instructions which you must follow.

5 Privacy policy. At Around, we believe strongly in protecting the privacy of our users’ personal data. We have therefore built a Privacy Policy into this Agreement. As part of that, it also expresses our approach to complying with the data protection laws which apply in the United Kingdom. By agreeing to this Agreement, you also give your consent to the way we may handle your personal data in that policy. Given the global nature of the World Wide Web, any posting on the Around Service (including any which contain personal information) is, of course, accessible to internet users around the world who may not be subject to similar codes of Data Protection or Privacy.

6 Disclaimer. You, whether you are a Gold Member, a User or just a visitor who browses the Around Service, acknowledge that we are not and cannot be responsible for the behaviour of Users or Gold Members - whether on the Around Service or outside of it. We only provide a venue where the Around Service may be accessed. In particular, you should be aware that Around does not pre-screen or monitor the material contributed by its Users or Gold Members.

7 Additional services. Around or its affiliates may offer new or additional services through the Around Service from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Provided that those terms or rules are notified to you on the Around Service in an appropriate manner (as determined by Around in its reasonable discretion), any failure by you to comply with a material provision of the terms or rules governing those services will amount to a breach of this Agreement.

8 Operation of Around Services. Around reserves the right to withdraw or modify one or more aspects of the Around Service where we have legal or technical reasons to do so (including technical difficulties experienced by Around or on the Internet). There may also be times when the Around Service becomes unavailable, whether on a scheduled or unscheduled basis. For security or other reasons, we may require you to change password or other information which facilitates access to the Around Service.

9 Misuse of Around Service. We reserve the right (a) to suspend or terminate any User's/Gold Member’s access to the Around Service, or parts of it, and/or (b) to edit, or require the User/Gold Member to edit, material posted on the Around Service, if the relevant User/Gold Member or material appears to us 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 Around Service without our prior consent. You are responsible for everything which is done on or through the Around Service while your User/Gold Membership account is logged on to the Around Service, or through your email address(es).

10 Relevance. The Around Service is intended to be used by its Users/Gold Members for the purposes referred to in Clause 2 above. Accordingly, Gold 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 Around Service – Users/Gold Members, and the recipients of their emails, can share this information, should they wish, once direct contact has been made;
place material on, or otherwise use, the Around Service for any business or commercial purpose; or
use your access to the Around Service, or information gathered from it, for the sending of any unsolicited correspondance in any form.

11 Fees

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 Around Service.
Refunds will be given at the discretion of the Company Management.
We may add 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.

12 Prohibitions. You are responsible for ensuring that all data, whether written or pictorial, that you post, or which is posted through a machine on which you access the Around Service, or any activity or communication you make in connection with any Around Service, will not be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortious or otherwise, or (c) appearing to be offensive, threatening, obscene, pornographic, false, unreliable or misleading.

13 Alerting Around. If you see anything on the Around Service which appears to infringe this Agreement, then please inform us of it immediately by using the "Report Abuse" function, or by emailing us at abuse@around.co.uk. We do not generally monitor material contributed by Users/Gold Members before it is placed on the Around Service, and so we are reliant upon users to point out any which infringes this Agreement.

14 Withdrawal of material. Each User/Gold Member acknowledges that we are entitled to withdraw any material on the Around Service which appears whether based on information received from Gold Members or others, or our own determination to be capable of breaching any part of this Agreement, or to bring the Around Service into disrepute. However, each User/Gold Member acknowledges that we do not monitor material which appears on the Around Service, and that we are reliant upon you and all users to notify us of anything which appears likely to breach this Agreement, using the notification techniques which are made available on the Around Service.

15 Disclaimer and Release. Around has no control over, or responsibility for, the truth or accuracy of any material available on the Around Service, whether provided by Users, Gold Members or others.

If any third party sites are linked to from the Around 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 no lesser degree of caution in appraising what you see on the Around Service than you do offline.
Even though Users and Gold Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.
Your use of the Around Service is entirely at your own risk.

Accordingly, to the extent that the law permits, you release Around its directors, contractors and employees from all liability arising out of or in connection with the Around Service and the material included here by Users/Gold Members and other third parties.

16 Intellectual Property. You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the Around Service (including the material which is contributed by Users and Gold Members) are owned by Around. Under copyright law it is illegal to copy, distribute, show in public or create any derivative work from the Around Service, or any of the material which is found on the Around Service unless properly licensed to do so by us.

By submitting any material to the Around Service, you:

are representing that you are fully entitled to do so;
grant us a non-exclusive, royalty-free, non-terminable licence right to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere; and
authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.

17 Excluded loss. We will not be liable to you or any third party 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). Around will also not be liable for any failure to perform its obligations under this Agreement caused by matters beyond its reasonable control.

18 Maximum liability. Without limiting the preceding Clause, during any period of twelve months, the aggregate liability of Around under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of (a) Ł5, or (b) an amount equal to the sums paid by you to us by way of Gold Membership fees during the relevant period of twelve months, regardless of the cause or form of action.

19 Non-excluded Liabilities. Around forgoes any liability for death or personal injury resulting from our negligence, or any other liability which may not be itemised within these terms.

20 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 Around Service.

21 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 Around assign or dispose of this Agreement.

22 Entire Agreement. This Agreement includes our privacy policy. Together they combine to form the Agreement between Around and the individual User/Gold Member concerning the Around Service. This Agreement replaces all prior agreements and understandings between the two parties, except for any fraud or fraudulent representation by either party. Any individual that is not 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.

23 Changes to this Agreement. Around reserves the right to change this Agreement from time to time, and post the new version on the Around Service. When we do so, we will notify you of the fact that there are changed terms on the main screen (www.around.co.uk), and the new version of these terms and conditions will take effect, and will govern all Around Services and your relationship with Around:

commencing four weeks after the date of posting (or such later date as Around indicates in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; 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 Around Service; or
immediately upon the date of posting (or such later date as Around indicates in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to one or more of Around’s email addresses referred to in this Agreement.

24 Severability. 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.

25 Law. This Agreement shall be governed by and construed in accordance with the laws of England and Wales.

26 Contact. You can contact Around by email at admin@around.co.uk