Terms and Conditions

Date Modified: October 31th, 2010

By using useitorlose.it, you signify that you have read, understand and agree to be bound by these Terms and conditions.

These Terms of Service are adapted from the WordPress Terms of Service which Automattic have generously made available under a Creative Commons Sharealike license, for which we are incredibly grateful.

Terms of Service

The following terms and conditions govern all use of the useitorlose.it website and all content, services and products available at or through the website, including, but not limited to, the useitorlose.it hosting service ("Service"), (taken together, the Website). The Website is owned and operated by Last Pixel Limited. ("lastpixel"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, "Use it or Lose it"’s Privacy Policy) and procedures that may be published from time to time on this Site by "Use it or Lose it" (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by "Use it or Lose it", acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Your useitorlose.it Account and Site.

If you create a blog on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and "Use it or Lose it" may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause "Use it or Lose it" liability. You must immediately notify "Use it or Lose it" of any unauthorized uses of your blog, your account or any other breaches of security. "Use it or Lose it" will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors.

If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

By submitting Content to "Use it or Lose it" for inclusion on your Website, you grant "Use it or Lose it" a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, "Use it or Lose it" will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, "Use it or Lose it" has the right (though not the obligation) to, in "Use it or Lose it"’s sole discretion (i) refuse or remove any content that, in "Use it or Lose it"’s reasonable opinion, violates any "Use it or Lose it" policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in "Use it or Lose it"’s sole discretion. "Use it or Lose it" will have no obligation to provide a refund of any amounts previously paid.

Responsibility of Website Visitors.

"Use it or Lose it" has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, "Use it or Lose it" does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. "Use it or Lose it" disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which useitorlose.it links, and that link to useitorlose.it. "Use it or Lose it" does not have any control over those non-WordPress websites and webpages, and is not responsible for their contents or their use. By linking to a non-WordPress website or webpage, "Use it or Lose it" does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. "Use it or Lose it" disclaims any responsibility for any harm resulting from your use of non-WordPress websites and webpages.

Copyright Infringement and DMCA Policy.

As "Use it or Lose it" asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by useitorlose.it violates your copyright, you are encouraged to notify "Use it or Lose it" in accordance with "Use it or Lose it"’s Digital Millennium Copyright Act (“DMCA”) Policy. "Use it or Lose it" will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of "Use it or Lose it" or others, "Use it or Lose it" may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, "Use it or Lose it" will have no obligation to provide a refund of any amounts previously paid to "Use it or Lose it".

Intellectual Property.

This Agreement does not transfer from "Use it or Lose it" to you any "Use it or Lose it" or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with "Use it or Lose it". "Use it or Lose it", useitorlose.it, the useitorlose.it logo, and all other trademarks, service marks, graphics and logos used in connection with useitorlose.it, or the Website are trademarks of "Use it or Lose it" or "Use it or Lose it"’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any "Use it or Lose it" or third-party trademarks.

Changes.

"Use it or Lose it" reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. "Use it or Lose it" may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination.

"Use it or Lose it" may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your useitorlose.it account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a VIP Services account, such account can only be terminated by "Use it or Lose it" if you materially breach this Agreement and fail to cure such breach within thirty (30) days from "Use it or Lose it"’s notice to you thereof; provided that, "Use it or Lose it" can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties.

The Website is provided “as is”. "Use it or Lose it" and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither "Use it or Lose it" nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability.

In no event will "Use it or Lose it", or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to "Use it or Lose it" under this agreement during the twelve (12) month period prior to the cause of action. "Use it or Lose it" shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty.

You represent and warrant that (i) your use of the Website will be in strict accordance with the "Use it or Lose it" Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification.

You agree to indemnify and hold harmless "Use it or Lose it", its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous.

This Agreement constitutes the entire agreement between "Use it or Lose it" and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of "Use it or Lose it", or by the posting by "Use it or Lose it" of a revised version. Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.

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