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| The facilities available
at http://www.themissinglist.co.uk are provided
by the MISSING LIST International Limited ("the MISSING LIST", "we", "us" or "our"),
located at The Missing List Ltd, 1 Park Row,
Leeds LS1 5AB. These are the terms and conditions
of the MISSING LIST ("Terms"). Please
read these Terms carefully as they set out the
terms governing use of the Site and the basis
on which we provide the Facilities. |
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| By registering with
the Site, you agree to be bound by these Terms
in respect of the matters described in the Terms.
If you do not wish to be bound by these Terms
you should not complete the registration process. |
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| If you are using the
Site you agree to be bound by these Terms. These
Terms apply to anyone using the Site and you
are responsible for ensuring that employees
or agents of your organisation are made aware
of and comply with this. If you are using this
Site in the course of your employment or on
behalf of an organisation, you agree that you
are an authorised representative of such organisation
and that you have authority to bind your organisation
to these Terms. |
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| These Terms may be
supplemented by other terms and conditions of
use on the Site in relation to particular Facilities
("Facility Terms"). In the event of
any conflict between these Terms and any Facility
Terms, the Facility Terms shall prevail. |
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| If you have any questions
about these Terms please contact us at useragreement@themissinglist.com. |
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| the MISSING LIST may
amend these Terms at any time by giving you
notice either by e-mail or by amending the Terms
on the Site. Any amended Terms will govern new
user registrations from the date that they are
Posted on the Site. Existing Users will be bound
by the amended Terms after the expiry of 30
days following the date notice is received of
the change or the publishing of the amended
Terms on the Site. You may access these Terms
at any time by accessing the link to them which
appears at the bottom of each page of the Site. |
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| These Terms are effective
on 1 February 2007. |
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| 1. |
DEFINITIONS |
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1.1 |
Appeal means
a posting displayed on the Site seeking information
relating to missing persons or missing things. |
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1.2 |
Facilities means
any products or facilities that are offered
or made available via the Site. |
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1.3 |
Information includes
without limitation all content, software, data,
text, photographs, graphics, sound and video. |
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1.4 |
Non-professional
Originator means a private individual
sanctioned to post Appeals in all non-professional
sections of the Site. |
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1.5 |
Originator means
a private individual or representative of a
commercial or non-commercial organisation who
adds Appeals to the Site. |
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1.6 |
Post
/ Posting means the action of submitting
an appeal for information that you intend
to be published on the Site. |
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1.7 |
Professional
Originator means a representative
of a commercial or non-commercial organisation
sanctioned to post Appeals on the Site in
sensitive areas specific to their sector. |
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1.8 |
Respondent means
an individual or organisation who contacts the
Originators of Appeals. |
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1.9 |
Site means
the MISSING LIST website at URL http://www.themissinglist.co.uk
(or such other URL that we may use from time
to time) and each page of such website from
time to time. |
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1.10 |
User means
any person who browses the Site or originates
and Posts an Appeal or is a Respondent |
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1.11 |
You,
your, you’re means the User. |
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| 2. |
Eligibility |
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2.1 |
Our Posting facility
is not available to, and may not be used by,
persons under the age of 18 years or to suspended
Originators. If you are under 18 years old,
you can Post an Appeal only in conjunction with
and under the supervision of a parent or guardian. |
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2.2 |
If you do not qualify,
please do not use the Site or our Facilities. |
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| 3. |
Information
on our Site |
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3.1 |
The Information contained
on this Site is presented in good faith for
general information purposes only. In using
the Site you acknowledge that any opinion or
representation Posted on the Site is made by
another User and is not an opinion or representation
made by or on behalf of the MISSING LIST. |
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3.2 |
By the nature of the
purpose of the MISSING LIST Information presented
will be provided predominantly by third parties
via submission forms. Whilst all reasonable
electronic and manual precautions are taken
as to the accuracy and suitability of Information
displayed on the Site and whilst we endeavour
to keep the Information up-to-date and correct,
we make no representations or warranties of
any kind, express or implied, about the completeness,
accuracy, reliability, suitability or availability
with respect to the Site or the Information
or Facilities contained on the Site for any
purpose. Any reliance you place on such Information
is therefore strictly at your own risk. |
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3.3 |
We do not control
the Information provided by other Users which
is made available through the Site. You may
find either Originators’ or Respondents’ Information
to be inaccurate, or deceptive. Please use caution
and common sense, and do not take risks with
your personal safety. If in doubt contact your
solicitor or local police for advice. Please
note that there are also risks of dealing with
underage persons or people acting under false
pretences. By using this Site, you agree to
accept such risks and agree that the MISSING LIST is not responsible for the activities of
either Originators or Respondents. |
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3.4 |
We are not responsible
for verifying an Originator’s right to
Post an Appeal. Nor are we responsible for verifying
the ownership of items which are the subject
of Appeals. For your own protection be certain
that the Originator has absolute, clear and
unambiguous title to the subject of the Posting
before providing Information leading to recovery. |
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3.5 |
We may, but we are
not obliged to, screen or monitor the content
(including without limitation Postings) on the
Site. We reserve the right to alter, delete,
adapt, takedown or in any other way amend the
whole or any part of the Site at any time and
without notice. If a Posting appears on the
Site that you feel is inaccurate, defamatory
or breaches your right to privacy contact the
data manager at data@themissinglist.com. Postings
where there are legitimate causes for complaint
will be removed as soon as reasonably possible. |
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| 4. |
Passwords |
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4.1 |
You must choose a
Username and password on completion of registration.
You are responsible for all actions taken under
that Username and password and shall only use
the Site using your own User ID and password.
You must use every effort to keep your password
safe and should not disclose it to any other
person. You shall not transfer your Username
to any other person. You shall also not permit,
either directly or indirectly, any other person
to use your Username or Password. |
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4.2 |
You must notify us
immediately if you believe that your password
is known to someone else or if it may be used
in an unauthorised way. We accept no liability
for any unauthorised or improper use or disclosure
of any password. |
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| 5. |
Your
use of our Site |
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5.1 |
You must not Post
any Information on the Site which is or may
be considered to be in breach of any obligations
or duties of confidentiality, or in breach of
any obligations you may have under the Data
Protection Act 1998. |
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5.2 |
You must not use the
Site to: |
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5.2.1 |
defame, abuse, harass,
stalk or threaten others; |
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5.2.2 |
advertise or offer
to sell any goods or services or conduct or
forward surveys, contests or chain letters; |
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5.2.3 |
upload files that
contain viruses, corrupted files, or any other
similar software or programs that may damage
the operation of our or any other computer; |
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5.2.4 |
upload files which
contain an active hypertext link to another
web site; |
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5.2.5 |
otherwise violate
or infringe the rights of any other person. |
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5.3 |
We shall be entitled
at any time to: |
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5.3.1 |
alter the design or
presentation of the Site without notice to you
and without incurring any liability; |
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5.3.2 |
delete, remove or
suspend the whole or any part of the Site, including
any Information that you provide, without notice
to you and without incurring any liability; |
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5.3.3 |
block or withhold
your access to the Site. |
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5.4 |
Every effort is made
to keep the Site up and running smoothly. However,
the MISSING LIST takes no responsibility for,
and will not be liable for, the Site being temporarily
unavailable. |
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| 6. |
Information
submitted by you |
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6.1 |
You are solely responsible
for any Information submitted by you to our
Site. You are responsible for ensuring that
the Information that you Post on our Site is
true, accurate, up to date and not misleading
or likely to mislead or deceive and that it
is not discriminatory, fraudulent, profane,
blasphemous, obscene or offensive, defamatory,
in breach of confidence, privacy or any other
rights, in breach of any applicable laws or
regulations or the copyright, trade mark or
other intellectual property right of any person
in any jurisdiction and that it does not create
liability for us or cause us to lose (in whole
or in part) the services of our ISPs or other
suppliers. |
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6.2 |
You are responsible
for ensuring that you have obtained all necessary
licences, consents, permissions, agreements,
arrangements and other similar authorisations
in relation to all Information supplied by you. |
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6.3 |
Any material you upload
to our Site will be considered non-confidential
and non-proprietary, and we have the right to
use, copy, distribute and disclose to third
parties any such material for any purpose. We
also have the right to disclose your identity
to any third party who is claiming that any
material Posted or uploaded by you to our Site
constitutes a violation of their intellectual
property rights, or of their right to privacy. |
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6.4 |
You are also responsible
for ensuring that all Information, data and
files are free of viruses or other routines
or engines that may damage or interfere with
any system or data prior to being submitted
to this Site. |
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6.5 |
You agree that you
will not take any action that imposes, or may
impose in our sole discretion, an unreasonable
or disproportionately large load on our infrastructure,
copy, reproduce, modify, create derivative works
from, distribute or publicly display any content
(except for your Information) from the Site
without the prior expressed written permission
of the MISSING LIST and the appropriate third
party, as applicable; interfere or attempt to
interfere with the proper working of the Site
or any activities conducted on the Site, bypass
our exclusion software or other measures we
may use to prevent or restrict access to the
Site. |
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| 7. |
Other
websites |
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7.1 |
Through this Site
you are able to link to other websites which
are not under the control of the MISSING LIST.
We have no control over the nature, content
and availability of those sites. The inclusion
of any links does not imply a recommendation
or that the MISSING LIST endorses the views
expressed within them. |
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| 8. |
Personal
data |
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8.1 |
You agree to respect
other Users' personally identifiable information
that you obtain through the Site or any communication
related to the Site or transaction facilitated
by the Site. You agree that you may only use
such information for the MISSING LIST related
communications that relate to your genuine participation
in an Appeal or other communication facilitated
by us and that you will not use or cause to
be used such information for unsolicited commercial
messages. |
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8.2 |
If you Post information
about another person you agree to comply with
clause 6.1 above and acknowledge that we may
remove this information from the Site at any
time or for any reason including without limitation
in the event that we receive a complaint from
that person. Other than ethnic origin (using
the scroll down list provided) please do not
Post sensitive personal data (information about
racial or ethnic origin, political opinions,
religious or other similar beliers, trade union
membership, physical or mental health or condition,
sexual life or information about criminal or
alleged criminal offences) without the consent
of the individual or unless you are satisfied
that you have appropriate grounds to do so under
the Data Protection Act 1998. |
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8.3 |
Where the MISSING LIST acts as a data processor (as defined in
the Data Protection Act 1998) we agree to act
on your reasonable instructions and to have
in place appropriate technical and organisational
measures against unauthorised or unlawful processing
of personal data and against accidental loss
or destruction of, or damage to, personal data. |
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8.4 |
Our use of your personal
data is governed by our privacy
policy which
forms part of these Terms. |
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| 9. |
Intellectual
property |
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9.1 |
All intellectual property
rights and goodwill in or relating to the contents
of the Site belong to either the MISSING LIST
or our suppliers. |
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9.2 |
Nothing contained
in these Terms or the Site should be construed
as granting by implication, estoppel or otherwise,
any licence or right to use any of the trade
marks on the Site without our permission. However,
copying and printing of those web pages which
contain the trade marks is permitted within
the scope of the licence contained below. |
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9.3 |
You may download to
a local hard disk and print extracts from the
Site solely for personal, non-commercial use.
You may also recopy downloaded extracts to others
for their personal, non-commercial use. |
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9.4 |
Subject to clause
9.5 below you may not reproduce part or all
of the contents of the Site in any form unless
it is for personal, non-commercial use. |
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9.5 |
Where you act as a
Professional Originator you may download to
a local hard disk and print extracts from the
Site, recopy downloaded extracts to others and
reproduce content of the Site to the extent
this is reasonably required by you for record
keeping purposes or in the normal course of
your professional activity. |
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9.6 |
You may not reformat
or otherwise change part or all of the contents
of the Site so as to affect the copyright of
the MISSING LIST in the Information nor merge
the same so that the Information ceases to be
readily identifiable as that of the MISSING LIST. |
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9.7 |
You may not copy or
otherwise incorporate into or store in any other
web site, electronic retrieval system, publication
or other work any of the content of the Site
in any form (whether hard copy, electronic or
other). |
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9.8 |
You may not frame
or link to the Site or any part of it without
our express permission. |
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| 10. |
Liability |
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10.1 |
The Site is provided
on an "as is" basis and to the fullest
extent permitted by law does not make and expressly
excludes all representations (except for fraudulent
misrepresentation) and warranties of any type
with respect to the Site and its content. We
do not represent that the Information accessible
via the Site is accurate, complete or current
nor that the Site will meet particular requirements,
be available, accessible, uninterrupted, timely,
secure or operate without error or that it will
be free from viruses or other harmful elements. |
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10.2 |
To the fullest extent
permitted by law, neither the MISSING LIST nor
any employee or representative involved in the
Site will be liable whether in contract, tort,
statute or otherwise howsoever arising for any
damages, losses, costs, claims, liability or
expenses arising out of or in connection with
the use of the Site. |
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10.3 |
The exclusion in clause
10.2 above shall apply to all damages, losses,
costs, claims, liabilities and expenses of any
kind whether direct or indirect or consequential,
including without limitation legal costs or
expense, direct loss of profit, direct loss
of anticipated savings, loss of revenue, loss
of use of money, loss of opportunity or loss
of or damage to property and/or any wasted expenditure
or third party claims. For the avoidance of
doubt the losses as listed in this clause are
intended to be distinct and severable. Where
you deal as a consumer, nothing in this clause
shall affect your statutory rights. |
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10.4 |
Nothing in these Terms
shall be construed as excluding or limiting
our liability for death or personal injury resulting
from our negligence or for fraudulent misrepresentation
or any other liability that cannot be excluded
or limited by applicable law. |
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10.5 |
You agree to indemnify
us against all liabilities, claims and expenses
that may arise from any breach of these Terms
by you, your employees or agents from any use
of the Site or from any Information submitted
by you. |
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| 11. |
Feedback |
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11.1 |
We are grateful for
receiving feedback, such as questions, comments
and suggestions from Users. However before you
decide to respond with feedback we wish to make
you aware of the following conditions: unless
expressly prohibited in writing such information
shall be deemed to be non-confidential and the MISSING LIST shall have no obligation of any
kind with respect to such information and shall
be free to reproduce, use, disclose or distribute
such information to others without limitation
and the MISSING LIST shall be free to use any
ideas, concepts, or techniques that are not
subject to copyright contained in such information
for any purpose whatsoever. |
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| 12. |
Termination |
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12.1 |
We may terminate your
registration with us and/or deny you access
to the Site or any part of it including without
limitation any Facilities at any time in our
absolute discretion and without any explanation
or notification. |
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| 13. |
General |
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13.1 |
The interpretation,
construction, effect and enforceability of these
Terms shall be governed by English law, and
you and we agree to submit to the exclusive
jurisdiction of the English courts for the determination
of disputes. |
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13.2 |
Except as expressly
agreed in these Terms, a person who is not a
party to the contract shall have no rights pursuant
to the Contracts (Rights of Third Parties) Act
1999 (the "Act") to enforce any term
of these Terms. Any right or remedy of a third
party which exists or is available apart from
the Act is not affected. |
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13.3 |
If any provision
of these Terms is held to be invalid or unenforceable,
such provision shall be struck out and the remaining
provisions shall remain valid and enforceable. |
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13.4 |
You agree that these
Terms and all incorporated agreements appearing
on this Site and elsewhere may be automatically
assigned by us, in our sole discretion, to a
third party in the event of a merger or acquisition
or any other event. |
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13.5 |
You and the MISSING LIST are independent entities, and no agency,
partnership, joint venture, employee-employer
or franchisor-franchisee relationship is intended
or created by these Terms. |
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13.6 |
Headings are for reference
purposes only and in no way define, limit, construe
or describe the scope or extent of such section. |
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13.7 |
Our failure to act
with respect to a breach by you or others does
not waive our right to act with respect to subsequent
or similar breaches. |
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13.8 |
These Terms set forth
the entire understanding and agreement between
us with respect to its subject matter. No oral
explanation or oral information given by any
party shall alter the interpretation of these
Terms. |
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| the MISSING LIST
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