Terms of Use/Web Site Agreement
The Gladiator-Sandals.org.uk Web Site (the "Site") is an online information service
provided by Graham Media ("Gladiator-Sandals.org.uk "), subject to your compliance
with the terms and conditions set forth below.
Please read this document carefully before accessing or using the site. By accessing
or using the site, you agree to be bound by the terms and conditions set forth below.
If you do not wish to be bound by these terms and conditions, you may not access
or use the site. Gladiator-Sandals.org.uk may modify this agreement at any time,
and such modifications shall be effective immediately upon posting of the modified
agreement on the site. You agree to review the agreement periodically to be aware
of such modifications and your continued access or use of the site shall be deemed
your conclusive acceptance of the modified agreement.
1. Use of the Site
You understand that, except for information, products or services clearly identified
as being supplied by Gladiator-Sandals.org.uk, Gladiator-Sandals.org.uk does not
operate, control or endorse any information, products or services on the Internet
in any way. Except for Gladiator-Sandals.org.uk-identified information, products
or services, all information, products and services offered through the Site or on
the Internet generally are offered by third parties. You also understand that Gladiator-Sandals.org.uk
cannot and does not guarantee or warrant that files available for downloading through
the Site will be free of infection or viruses, worms, Trojan horses or other code
that manifest contaminating or destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements for
accuracy of data input and output, and for maintaining a means external to the Site
for the reconstruction of any lost data.
You assume total responsibility and risk for your use of the site and the internet.
Gladiator-Sandals.org.uk provides the site and related information "as is" and does
not make any express or implied warranties, representations or endorsements whatsoever
(including without limitation warranties of title or non infringement, or the implied
warranties of merchantability or fitness for a particular purpose) with regard to
the service, any merchandise information or service provided through the service
or on the internet generally, and Gladiator-Sandals.org.uk shall not be liable for
any cost or damage arising either directly or indirectly from any such transaction.
It is solely your responsibility to evaluate the accuracy, completeness and usefulness
of all opinions, advice, services, merchandise and other information provided through
the service or on the internet generally. Gladiator-Sandals.org.uk does not warrant
that the service will be uninterrupted or error-free or that defects in the service
will be corrected.
LIMITATION OF LIABILITY
In no event will Gladiator-Sandals.org.uk be liable for (i) any incidental, consequential,
or indirect damages (including, but not limited to, damages for loss of profits,
business interruption, loss of programs or information, and the like) arising out
of the use of or inability to use the service, or any information, or transactions
provided on the service, or downloaded from the service, or any delay of such information
or service. Even if Gladiator-Sandals.org.uk or its authorized representatives have
been advised of the possibility of such damages, or (ii) any claim attributable to
errors, omissions, or other inaccuracies in the service and/or materials or information
downloaded through the service.
Gladiator-Sandals.org.uk makes no representations whatsoever about any other web
site which you may access through this one or which may link to this Site. When you
access a non-Gladiator-Sandals.org.uk web site, please understand that it is independent
from Gladiator-Sandals.org.uk, and that Gladiator-Sandals.org.uk has no control over
the content on that web site. In addition, a link to a Gladiator-Sandals.org.uk web
site does not mean that Gladiator-Sandals.org.uk endorses or accepts any responsibility
for the content, or the use, of such web site.
2. Indemnification
You agree to indemnify, defend and hold harmless Gladiator-Sandals.org.uk, its officers,
directors, employees, agents, licensors, suppliers and any third party information
providers to the Service from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of this Agreement
(including negligent or wrongful conduct) by you or any other person accessing the
Service.
3. Third Party Rights
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are
for the benefit of Gladiator-Sandals.org.uk and its officers, directors, employees,
agents, licensors, suppliers, and any third party information providers to the Service.
Each of these individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
4.Term; Termination
This Agreement may be terminated by either party without notice at any time for any
reason. The provisions of paragraphs 1 (Use of the Service), 2 (Indemnification),
3 (Third Party Rights) and 5 (Miscellaneous) shall survive any termination of this
Agreement.
5. Miscellaneous
This Agreement shall all be governed and construed in accordance with the laws of
the United Kingdom applicable to agreements made and to be performed in the United
Kingdom. You agree that any legal action or proceeding between Gladiator-Sandals.org.uk
and you for any purpose concerning this Agreement or the parties' obligations hereunder
shall be brought exclusively in a court of competent jurisdiction sitting in the
United Kingdom . Any cause of action or claim you may have with respect to the Service
must be commenced within one (1) year after the claim or cause of action arises or
such claim or cause of action is barred. Gladiator-Sandals.org.uk'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.
Gladiator-Sandals.org.uk may assign its rights and duties under this Agreement to
any party at any time without notice to you.
You also grant to Gladiator-Sandals.org.uk the right to use your name in connection
with the submitted materials and other information as well as in connection with
all advertising, marketing and promotional material related thereto. You agree that
you shall have no recourse against Gladiator-Sandals.org.uk for any alleged or actual
infringement or misappropriation of any proprietary right in your communications
to Gladiator-Sandals.org.uk.
6. Law and Jurisdiction
These terms and conditions and the relationship between you
and Gladiator-Sandals.org.uk shall be governed by and construed in accordance with
the Law of England and Wales and Gladiator-Sandals.org.uk and you agree to submit
to the exclusive jurisdiction of the Courts of England and Wales.
Any rights not expressly granted herein are reserved.
