VUI TERMS AND CONDITIONS

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This document was created using a Contractology template available at http://www.freenetlaw.com.

Introduction

These terms and conditions govern your use of this service; by using this service, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this service.

License to use website

Unless otherwise stated, VUI and/or its licensors own the intellectual property rights in the service and material presented by the service. Subject to the license below, all these intellectual property rights are reserved.

You may listen to material from the service for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

· republish material from this service;

· sell, rent or sub-license material from the service;

· show any material from the service in public;

· reproduce, duplicate, copy or otherwise exploit material presented by this service for a commercial purpose;

· edit or otherwise modify any material presented by the service; or

· redistribute material from this service

Acceptable use

You must not use this service in any way that causes, or may cause, damage to the service or impairment of the availability or accessibility of the service; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this service without VUI’s express written consent.

No warranties

This service is provided “as is� without any representations or warranties, express or implied. VUI makes no representations or warranties in relation to this service or the information and materials provided by this service.

Without prejudice to the generality of the foregoing paragraph, VUI does not warrant that:

l this service will be constantly available, or available at all; or

l the information presented by this service is complete, true, accurate or non-misleading.

Nothing presented by this service constitutes, or is meant to constitute, advice of any kind.

Limitations of liability

VUI will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this service:

l to the extent that the service is provided free-of-charge, for any direct loss;

l for any indirect, special or consequential loss; or

l for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if VUI has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit VUI’s liability in respect of any:

l death or personal injury caused by VUI’s negligence;

l fraud or fraudulent misrepresentation on the part of VUI; or

l matter which it would be illegal or unlawful for VUI to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this service, you agree that the exclusions and limitations of liability set out in this service disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, VUI has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against VUI’s officers or employees in respect of any losses you suffer in connection with the service.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this service disclaimer will protect VUI’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as VUI.

Unenforceable provisions

If any provision of this service disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this service disclaimer.

Indemnity

You hereby indemnify VUI and undertake to keep VUI indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by VUI to a third party in settlement of a claim or dispute on the advice of VUI’s legal advisers) incurred or suffered by VUI arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to VUI’s other rights under these terms and conditions, if you breach these terms and conditions in any way, VUI may take such action as VUI deems appropriate to deal with the breach, including suspending your access to the service, prohibiting you from accessing the service, blocking computers using your UserID from accessing the service, contacting the provider to request that they block your access to the service and/or bringing court proceedings against you.

Variation

VUI may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this service from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

VUI may transfer, sub-contract or otherwise deal with VUI’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and VUI in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Massachusetts state law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Massachusetts.