Our Terms & Conditions1. Introduction
1.1. BuddyPower.net (BuddyPower) is a web site owned, operated and made available by TF Associates Ltd ("TF Associates"). BuddyPower is a web site designed to provide a forum for individuals concerned with personal weight issues, and aims to provide a supportive forum and resources for its members. BuddyPower.net may also be aliased to other domain names, by way of example but not limited to BuddyPower.co.uk, whereupon the same terms apply.
1.2. BuddyPower is intended for use in the UK and those territories where the terms stated hereunder are enforceable by UK law. Users of the BuddyPower website in territories where any of these terms and conditions are not acceptable or enforceable may not use the BuddyPower.net web site or services.
1.3. PLEASE READ THESE TERMS AND CONDITIONS OF USE ("Terms") BEFORE USING OUR SITE. By accessing or using any part of BuddyPower.net you agree to be bound by these Terms. If you don't wish to be bound by what you read below, you shouldn't use BuddyPower.net.
1.4. We may make changes to these Terms at any time. We will let you know what these changes are by posting them to FatHappen.com, but is your responsibility as a user to make sure that you are aware of them, by checking for any changes on a regular basis. Changes will become effective as soon as they are posted. We may change these conditions at any time without any notice to you. By your continued access and use of BuddyPower.net you agree to be bound by the most current version of the conditions of use. Please check these conditions periodically for any changes that may have been made.
2. The purpose of BuddyPOWER.net
2.1. BuddyPOWER.net aims to provide a supportive forum and resources for its members who are sharing tips, hints and information on how they have lost weight.
2.2. The information on this site does not necessarily represent the views of the owners and does not constitute any form of advice, recommendation, representation, endorsement or arrangement by us and is not intended to be relied upon by you in making (or refraining from making) any specific decisions.
2.3. Given that the impact of any information expressed on our site can vary widely based on your particular circumstances, you should always carry out your own medical and dietary research.
3. Privacy statement
3.1 BuddyPower respects your privacy. The information that you provide us with, or that is gathered automatically, helps us to monitor and improve our services. When using the BuddyPower.net web site certain information is automatically collected so that delivery of the service is possible. Cookies may be stored on your machine by your browser. Certain date, time, IP address and other information relating to your using the BuddyPower.net web site is logged and stored for analysis purposes.
3.2. Contact information is requested by the service when submitting material for publication (such as private advertisements etc); this information is stored by the service.
3.3. BuddyPower.net provides an external e-mail newsletter service and an internal mailbox facility. This external service is an "opt-in" and "opt-out" service. If you receive an e-mail newsletter from the BuddyPower.net web site, it is because you have subscribed to that service. To remove your e-mail address from this service please refer to the removal instructions within the e-mail newsletter.
3.4. Please bear in mind that any information that you submit through insecure web forms, letters/emails may be collected by others.
3.5. The Information we collect and how we use it
3.5.1. Chat forums - We collect your e-mail address if you register as a participant in our chat forums. We only use this address to send you your password to enable you to log into our chat forums or to send you e-mail notices if you have elected to receive them. When you register, you can choose whether to permit your e-mail address to be viewable by other users of the chat forums. If you complete the profile facility in our chat forums, it will be viewable by other users, but other than that, we make no use of it.
3.5.2. We may record and use particular communications that are posted in connection with any investigation of any possible misuse of the chat forums or any other communication systems that we operate.
4. Appropriate Conduct for Users of BuddyPower.net
4.1. The Forum and Discussion Boards are yours but, unfortunately, are not moderated so I would ask you to show the same sensitivity and respect as you would expect. If, for any reason, you are offended or wish to complain about any of the posts on this site - please email us immediately at firstname.lastname@example.org and we will endeavour to remove the offensive material within 24 hours.
4.2. You acknowledge that BuddyPower.net does not pre-screen, control, edit or endorse Content made available through BuddyPower.net and has no obligation to monitor the Content posted via BuddyPower.net.
4.3. If BuddyPower.net discovers Content that does not appear to conform to the Terms of BuddyPower.net, BuddyPower.net may investigate and determine in good faith and in its sole discretion whether to remove the Content.
4.4. BuddyPower.net will have no liability or responsibility for performance or non-performance of such activities. You acknowledge BuddyPower.net has absolutely no control over that Content which is provided by users.
4.5. You agree to resolve directly and exclusively with third parties any disputes you may have about messages that they posted or you may contact BuddyPower.net to request a removal. In this regard, you understand that BuddyPower.net does not monitor or control the content of information Posted by others, and instead simply provides a Forum by allowing users to access information that has been made available.
4.6. You agree that you are responsible for your own conduct and communications while using BuddyPower.net and for any consequences thereof. You agree to use BuddyPower.net only to send and receive messages and material that are legal, proper and non abusive or defamatory. By way of example, and not as a limitation, you agree that when using BuddyPower.net, you will not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- post any inappropriate, defamatory, infringing, obscene, or unlawful Content;
- post any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to Post such Content;
- post messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by BuddyPower.net.
- download any file Posted by another user of a Group that you know, or reasonably should know, that cannot be legally distributed in such manner;
- impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is Posted;
- restrict or inhibit any other user from using and enjoying BuddyPower.net;
- use BuddyPower.net for any illegal or unauthorized purpose;
- remove any copyright, trademark or other proprietary rights notices contained in or on BuddyPower.net;
- interfere with or disrupt BuddyPower.net or servers or networks connected to the BuddyPower.net, or disobey any requirements, procedures, policies or regulations of networks connected to the BuddyPower.net;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of BuddyPower.net or collect information about users for any unauthorized purpose;
- submit Content that falsely expresses or implies that such Content is sponsored or endorsed by BuddyPower.net;
- create user accounts by automated means or under false or fraudulent pretences;
- promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
- transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
4.7. International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.
4.8. While BuddyPower.net prohibits such conduct and Content in connection with BuddyPower.net, you understand and agree that you nonetheless may be exposed to such conduct and/or Content and that you use the BuddyPower.net at your own risk.
5.1. Members own the copyright in the text that they post on buddypower.tv
5.2. However, by accessing, posting text or using any part of BuddyPower.net you expressly grant BuddyPower a perpetual, unlimited free license to republish that text on our site and to redistribute/make available and/or sell that text in print or electronic form any where in the world as part of an edited compilation or otherwise.
5.3. Should you not wish BuddyPower to republish your text on our site and to redistribute/make available and/or sell that text in print or electronic form any where in the world as part of an edited compilation or otherwise please express this wish in writing.
6. Permitted uses
6.1. Save as provided below, no materials from BuddyPower.net may be copied, downloaded, reproduced, broadcast, shown or played in public, republished, uploaded, posted, stored, transmitted or distributed in any way or adapted or changed in any way without the express prior written permission of BuddyPower..
6.2. You are expressly prohibited from:
- modifying the data or other material from BuddyPower.net ("the Data") or merging the Data with any other data;
- selling or trading in materials copied from the Data;
- using or redistributing the Data for the purposes of compiling databases, lists or directories, other than as and to the extent necessary to use the Data for a use not prohibited by the above;
- providing commercial information, redistributing or reproduction of the same by the press or media or through any commercial network, cable or satellite system;
- issuing questionnaires, reply cards or similar for the purpose of data capture or verification;
- permitting or allowing the Data to infringe or otherwise prejudice our proprietary rights;
- using the Data:
- For any unlawful purpose or purpose that is likely to bring any part of BuddyPower.net into disrepute or to cause any part of BuddyPower.net embarrassment;
- To send any message or communication which is offensive, abusive, indecent, obscene or menacing;
- In any way that would be reasonably expected to cause annoyance, inconvenience or needless anxiety;
- As source targeting material or contact data for any kind of telemarketing, direct marketing, viral or other electronic marketing activity on your own behalf or on behalf or for the benefit of another party.
6.3. No licence
Except as expressly provided, nothing contained in these conditions or anywhere on BuddyPower.net shall be construed as conferring any licence under any of BuddyPower.net's or any third party's intellectual property rights.
6.4. Personal Use
BuddyPower.net is made available for your personal, non-commercial use only. You may not use BuddyPower.net to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales. If you want to make commercial use of BuddyPower.net, you must enter into an agreement with BuddyPower.net to do so in advance. Please contact us for more information.
7. Disclaimer of representations and warranties
7.1. BuddyPower.net is provided by BuddyPower.net on an "as is" and "as and when available" basis to users. You use BuddyPower.net at your own risk.
7.2. BuddyPower.net and its associated content provider organisations make considerable efforts to make information made available via BuddyPower.net as accurate as possible but no warranty or fitness is implied.
7.3. Neither BuddyPower.net nor any of its officers, directors, shareholders, employees, affiliates, agents, third party content providers, sponsors, licensers, or the like, makes any representation or warranty or condition, either express or implied, to you:
- that BuddyPower.net will be uninterrupted or error-free;
- that BuddyPower.net or the computer server from which BuddyPower.net is made available, are free of viruses or other harmful components;
- to the accuracy, content, timeliness, completeness, legality, reliability, quality or suitability of any information, advice, content, service, search results, products or merchandise provided through BuddyPower.net.
7.4. BuddyPower.net makes and you receive, no representations, warranties or conditions, express or implied, statutory or otherwise with respect to:
- BuddyPower.net, its content, merchandise, services, documents, information, items or materials provided by BuddyPower.net in connection with the use of BuddyPower.net; or
- any goods or services or information received through or advertised on BuddyPower.net or received through links provided on BuddyPower.net.
- including without limitation no representations, warranties or conditions of merchantability, suitability, fitness for a particular purpose, non-infringement of proprietary rights or otherwise.
7.5. No advice or information, whether written, oral or in any form given, by BuddyPower.net or its affiliates, or any of its officers, directors, employees, agents, providers, merchants, sponsors, licensers, or the like, will create a representation, a warranty or condition nor should you rely on any such information or advice.
7.6 BuddyPower.net is not an agent for and does not vouch for those persons, 'dieting buddies', companies and other organisations whose goods or services may be displayed or referred to in BuddyPower.net, nor for the availability, suitability or prices of such goods and services nor for the legal entitlement, competences, professional qualifications, trade certifications, or memberships of trade associations of such persons, companies or other organisations.
7.7. BuddyPower.net expressly advises users to satisfy themselves as to the exact type and nature of goods or services being offered or qualifications held by those persons, companies and other organisations whose goods or services may be displayed or referred to in BuddyPower.net.
7.8. BuddyPower.net may make available certain information provided by third parties. BuddyPOWER.net recommends that before you use any such information with respect to any issues or questions that you may have relating to medicine, law, accounting or any other profession you seek advice from a qualified professional.
7.9. The sites linked to BuddyPOWER.net are developed by people over whom BuddyPOWER.net exercises no control. BuddyPOWER.net assumes no responsibility for the content of any site included in any search results or otherwise linked to by BuddyPOWER.net
8. Limitation of liability
8.1. Under no circumstances will BuddyPower.net or any of its officers, directors, shareholders, employees, affiliates, agents, sponsors, licensers, or any other party involved in the creation, production, maintenance or distribution of BuddyPower.net be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to loss of profits, business, anticipated savings, goodwill, use of data or other intangible losses) that result from either:
- the use and reliance on BuddyPower.net; or
- the inability to use BuddyPower.net; or
- mistakes, omissions, interruptions, suspension, termination, deletion of files or e-mail, errors, defects, viruses, delays in operation, transmission or service response time, or any failure of performance with respect to BuddyPower.net including without limitation those arising from acts of God, communications failure, theft, destruction or unauthorised access to BuddyPower.net's records, programs or services; or
- merchandise, products or services received through or advertised on BuddyPower.net and merchandise, products or services received through or advertised on any links provided on BuddyPower.net; or
- information or advice received through or advertised on BuddyPower.net and information or advice received through or advertised on any links provided on BuddyPower.net; or
- any information, data, text, messages and other materials that you email, post, upload, reproduce, transmit or is otherwise distributed using BuddyPower.net.
9. BuddyPower.net is unable to ensure or guarantee the security of any information transmitted over the Internet. Any information or data that you transmit to or by using BuddyPower.net is at your own risk and BuddyPower.net shall not be responsible or liable for any damages or injury that may result from transmitting such information.
These conditions and any and all documents specifically referenced herein constitute the entire agreement between you and BuddyPower.net with respect to the subject matter hereof. If any provision contained in these conditions is determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, that provision shall be severed from these conditions and the remaining provisions shall continue in full force and effect.
11. Jurisdiction and governing law
11.1. These conditions shall be governed by and construed in accordance with the laws of England.
11.2. BuddyPower.net controls BuddyPower.net from within the country of England. It can, however, be accessed from other places around the world. Although these places may have different laws from those of England, by accessing BuddyPower.net you agree that the laws of England, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of BuddyPower.net.
11.3. You and BuddyPower.net also agree to submit to the non-exclusive jurisdiction of the English courts, with respect to such matters. Users of BuddyPower.net accessing it from places outside of England acknowledge that they do so voluntarily and are responsible for complying with local laws.
12. Security Policy
12.1. We use reasonable precautions to keep the information disclosed to us secure. However, we cannot guarantee the security of the information that you disclose to us.
12.2. You accept the inherent risks of providing information and dealing on-line and will not hold us responsible for any breach of security unless this is due to our negligence or willful default.
13.1. These terms and Conditions of use are effective from 13th July 2006 and replaces with immediate effect the terms and conditions previously published. We may, from time to time make changes to These terms and Conditions to reflect any changes to our practices in accordance with changes to legislation, best practice or website enhancements.
13.2. We will let you know what these changes are by posting them to www.BuddyPOWER.net, but it is your responsibility as a user to make sure that you are aware of them, by checking for any changes on a regular basis. Changes will become effective as soon as they are posted.
"BuddyPower.net" and "BuddyPower" are service marks of BuddyPower. All other trademarks, product names and company names or logos cited anywhere on BuddyPower.net are the property of their respective owners.
15 How to contact us
Effective as of: - Thursday, July 13, 2006