This is an agreement ("user agreement" or "agreement") between Provocateur (or Provocateur.news) ("we", "our," "us") and you. This agreement sets the terms of your use of the Provocateur website and services. This agreement is meant to encourage a fair and tolerant place for users, contributors and discussion.
By: (a) accessing, browsing or otherwise using the Site by any means and via whatever device; or (b) registering your details with us to access certain areas of the Site or to receive our email services, you agree to be bound by these Terms.
1. Changes to these Terms and Conditions
We reserve the right to change these Terms at any time and we encourage you to revisit these Terms periodically to ensure that you are at all times fully aware of them. Without advance notice and at any time, we may, for violations of this agreement or for any other reason we choose: (1) suspend your access to Provocateur, (2) suspend or terminate Your Account or subscription, and/or (3) remove any of your User Content from Provocateur Article discussions.
You are responsible for all use of the Services made using your username and password, whether or not the use is made by you or someone else using your username and password. You are responsible for protecting and securing your username and password from unauthorised use. If you register with us and you choose, or you are provided with, a password as part of the registration process, you must treat your password as confidential and you must not disclose it to any third party. If you believe there has been a breach of security of your username you should notify Provocateur.news at firstname.lastname@example.org. Provocateur.news, at its absolute discretion, reserves the right to refuse a user permission to use any particular user name and/or password. It is not permitted to impersonate or to attempt to impersonate another user or to make use of or attempt to make use of another user's user name or password and any such actions may result in legal action, including criminal prosecution.
3. Use of the Site
3.1. For the purposes of these Terms:
“Content” includes, but is not limited to, all or part of any text, graphics, layout, logos, images, product details and/or software published or otherwise available on the Site from time to time (including, without limitation, anything made available for download); and “Trade Marks” means the trade marks, logos and service marks (whether or not registered) displayed on the Site.
3.2. We are the owner or the licensee of all intellectual property rights in the Site the Content and the Trade Marks. Subject to these Terms, we grant you a limited, temporary, revocable, and non-exclusive licence to access, browse and use the Site (including the Content and Trade Marks) for your personal and non commercial use only.
3.3. While accessing, browsing and/or using the Site you must:
3.3.1. comply with all applicable laws, regulations and codes;
3.3.2. not impersonate another person or use a false name or email address;
3.3.3. not modify or attempt to modify all or any part of the Content or the Site;
3.3.4. not gain or attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site;
3.3.5. not post, transmit, submit, refer to, make available or link to or from (or authorise or permit any other person to do the same) any material which:
a) is untrue, fraudulent, inaccurate or incomplete; and/or
b) is obscene, threatening, menacing, offensive, defamatory, abusive, causes annoyance, inconvenience or needless anxiety, is in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright) or otherwise is in breach of or violates any applicable law or regulation or code, and/or
c) contains any virus or other harmful code, or which may otherwise impair or harm the Site or our computer systems or any third party computer system, and we shall have sole discretion as to whether any material is in breach of this clause.
3.4. Except as set out in the limited licence in section 3.2 above, the Content and/or any other part of the Site may not be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent. In particular, you are not permitted to republish any part of the Site (including the Content) on another website, in any other medium (print, electronic or otherwise) or as part of any commercial service without our prior written permission. If you require any further information on permitted use, or a licence to republish any part of the Site (or any Content), please email us at email@example.com
At any time and without giving you any advance notice, we may permanently or temporarily and for any reason:
3.5.1. terminate, suspend or deny your access to the Site (whether in whole or in part); and/or
3.5.2. terminate, suspend or deny your access to the email services, the registration areas of the Site and/or your password.
4. Data Protection and Privacy
5. Exclusions and limitations of liability
5.1. All information and/or data on the Site is provided on an “as is” basis. Save to the extent required by law, no representations, warranties or terms of any kind are made (or shall be implied by statute or otherwise) in respect of the Site or the Content, including, without limitation, warranties of satisfactory quality, conformity to contract, accuracy, adequacy, conformity to description or fitness for any particular purpose.
5.2. We are not authorised by the Financial Services Authority of England. The information and/or data on the Site is provided by us and our data providers for your general information only and use and is not intended for trading purposes or to address your particular financial or other requirements. In particular, the information and/or data on the Site:
5.2.1. does not constitute any form of advice (investment, tax, legal or otherwise); and
5.2.2. does not constitute any inducement, invitation or recommendation relating to any of the products listed or referred to; and
5.2.3. is not intended to be relied upon by you in making (or refraining to make) any specific investment or other decisions; and
5.3. Neither Provocateur nor any of its data providers or affiliates gives any warranty or guarantee relating to availability of the Site or that the Site and/or our operation of it, the Content or the server that makes the Site available are error or virus free or free of other harmful components or that your use of the Site and/or the Content will be uninterrupted.
6.1. Any contractual or legal relationship between you and Provocateur will be concluded in English.
6.2. All notices shall be given by e-mail to us at firstname.lastname@example.org or, to you at either the e-mail you provide during the registration process (if any). Notice will be deemed received 24 hours after e-mail is sent or 3 days after the date of posting.
6.3. These Terms (together with any variations to them pursuant to section 2) form the entire agreement between the parties concerning your access to, browsing and/or use of the Site and supersede all prior agreements, arrangements, understandings and representations made between us (whether written or oral) concerning the Site.
6.4. Nothing in these Terms is intended to or shall operate to create a partnership or joint venture of any kind between us or to authorise either of us to act as agent for the other, and neither of us shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
6.5. If the whole or any part of any provision of these Terms is or becomes invalid, void or unenforceable for any reason the same shall to the extent required be severed from these Terms and rendered ineffective so far as is possible without modifying the remaining provisions of these Terms and shall in no way affect the validity or enforceability of any other provisions.
6.6. These Terms and/or your use of the Site shall be governed by and construed in accordance with English law and the English Courts shall have exclusive jurisdiction over any dispute which may arise.
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