By creating an Account at elgg.com, You agree to be bound by the following terms and conditions ("Terms of Service"). Please ensure that You read and understand them before using the Service. They constitute a legal agreement between Curverider Limited (Registered office at Cranbrook House, 287-291 Banbury Road, Summertown, Oxford OX2 7JQ, United Kingdom. Registered number: 05531771) ("We/Us/Our") and You ("You/Your/Yours") in relation to Your use of the Service. In these Terms of Service, We and You are together known as "the Parties".

1. Definitions and Interpretation
   1. In these Terms of Service the following abbreviations, words and phrases shall have the following meanings, unless the context requires otherwise:
      1. "Account" means a completed registration for subscription to the Service;
      2. "Content" means all visual, written or audible data, information or material including any hyperlink, text, image, logo, word, sound, avatar, document, spreadsheet, text message, form entry, web page, and any other file or data or any similar material, including each of the foregoing that is uploaded to, transferred through, publicly posted, processed or entered into Your Network(s) by You or Your Users;
      3. "Data" means information about Users or usage of the Service or Your Network(s) and may include "personal data" for the purposes of the Data Protection Act 1998;
      4. "Network" means a single web-based network with a defined set of subscription terms connecting and allowing communication between Users;
      5. "Networks Administration Area" means the area within the Service where holders of Accounts can make changes to and terminate their Network(s);
      6. "Price Plan" means the pricing for the various elements of the Service which You select on the Website to form part of Your Account;
      7. "Service" means the provision to You of one or more hosted Networks and other web services, associated software, and other related services by Us in accordance with these Terms of Service and with the characteristics and features as described on the Website from time to time;
      8. "Trial Period" means a period during which You can access the first Network(s) which you create without any charge, being a maximum of 15 days from the date on which Your Account is created;
      9. "Users" means persons to whom You authorize access to Your Network(s); and
      10. "Website" means www.elgg.com
   2. In these Terms of Service, unless the context requires otherwise:
      1. Any reference to a "person" includes any individual, company, corporation, firm partnership, joint venture, association, organization or trust (in each case, whether or not having separate legal personality) and references to any of the same shall include a reference to the others;
      2. References to any legislation, statute or statutory provisions are to those in England and Wales and include a reference to those provisions as amended or re enacted or as their application is modified by other provisions from time to time and any reference to a statutory provision shall include any subordinate legislation made from time to time under that provision;
      3. Any phrase introduced by the words "including", "include", "in particular", "for example" or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words;
      4. References to Clauses are to clauses of these Terms of Service;
      5. References to the singular include the plural and in each case vice versa; and
      6. The headings and sub headings in these Terms of Service are inserted for convenience only and shall not affect the meaning of these Terms of Service.
   3. The laws of England shall govern the interpretation and enforcement of these Terms of Service and Your access to and/or use of (or any inability to use) the Service. You expressly acknowledge and agree that the non-exclusive jurisdiction for any claims relating to Your access to and use of (or any inability to use) the Service shall be in the Courts of England and Wales.
   4. Subject to Clause 6, we reserve the right to vary these Terms of Service from time to time without notice, and the current Terms of Service shall appear on the Website at http://elgg.com/terms.php.
   5. If You have any questions on these Terms of Service, please send them to info@elgg.com.
2. General Conditions
1. Your use of the Service is at Your sole risk. The Service is provided on an "as is" and "as available" basis.
2. Technical support is only provided during any Trial Period and, thereafter, to paying Account holders and, unless otherwise agreed with Us, is only available via email.
3. You agree not to falsely imply a connection to Us (or to the "Elgg.com" brand) or falsely imply that any website other than the Website is associated with Us, the Service or any other service provided by Us.
4. You agree not to modify, hack into, de-compile, reverse engineer, reproduce, duplicate, copy, sell, resell, license or otherwise exploit or encumber any portion of the Service, use of the Service, or access to the Service without Our express written permission.
5. We may, but have no obligation to, remove Content or suspend or terminate any Account and Network(s) containing Content that We determine at Our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property rights or these Terms of Service.
6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any of Our customers, suppliers, employees, members, officers or agents will result in immediate termination of Your Account and Network(s).
7. You acknowledge that the technical processing and transmission of the Service, including Your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
8. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages to or from the Network(s).
9. You must not transmit any worms or viruses or any code of a destructive nature to or from the Networks.
10. If Your bandwidth usage exceeds the amount allocated to Your Account and Network(s), or significantly exceeds the average bandwidth usage (as determined solely by Us) of other customers of the Service, We reserve the right, at Our discretion, to terminate Your Account or suspend it until such time as You are able to demonstrate that on resumption of the Service, Your bandwidth usage will be at an acceptable level.
11. Should We fail to exercise or enforce any right or provision of the Terms of Service, this shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between You and Us and govern Your use of the Service, superseding any prior agreements between You and Us (including, but not limited to, any prior versions of the Terms of Service).
12. Neither Party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, flood, fire, explosion, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Party affected shall be entitled to a reasonable extension of its obligations.
13. Each Party shall for so long as the Service is provided, and for 5 years thereafter, keep confidential any information belonging to the other and not disclose the same to any other person other than with the prior written consent of the other Party, save as is required by law or any other regulatory authority having jurisdiction.
14. You shall procure that all Users see a copy of these Terms of Service and that they understand and comply with them in all respects and You shall be responsible and liable to Us where any User breaches these Terms of Service, and You hereby indemnify Us for any losses, costs, expenses and other liabilities which We suffer and which arise directly or indirectly from a breach of this Clause.
15. You acknowledge that there is no direct contractual relationship between Us and any User in relation to any Network(s) that You create, and You shall be solely liable to Your Users for any breach of the terms on which You govern Your relationships with Users.
16. We may in Our sole discretion introduce upgrades and new features to the Service, including the release of new tools and resources, and Your continued use of the Service after any such changes shall constitute Your consent to them on the terms set out in these Terms of Service. You acknowledge that any such upgrades and changes may result in a change in the prices set out in Your Price Plan, as set out in Clause 6.2.
17. If there is a conflict between these Terms of Service and any other policies, rules, regulations or guidelines related to the Service, including any Network/User terms which You put in place in respect of Your Network(s), the Terms of Service shall prevail.
18. We may, without Your prior consent, assign, transfer, charge our interest or subcontract any of Our obligations under these Terms of Service in whole or in part.
3. Account Terms
1. You must be 18 years or older to create an Account. You must not create or attempt to create any Network that allows participation by Users under the age of 13 or which allows any unsupervised child under the age of 13 to access Content on Your Network(s). We do not knowingly collect information from any child under the age of 13.
2. You must provide Your full name, a valid email address, and any other information which We request from time to time in order to open and to maintain an Account.
3. Your login details may only be used by one person. A single login shared by more than one person shall not be permitted.
4. You are responsible for maintaining the security of your Account and password. We cannot and will not be liable for any loss or damage resulting from Your failure to comply with this security obligation.
5. You must be a natural person. Accounts registered by automated methods shall not be permitted.
6. You are responsible for all Content posted to and activity that occurs under Your Account (even when Content is posted by Users).
7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to laws in relation to copyright or other intellectual property rights).
4. Application Program Interface ("API")
1. You and Your Users may access Content via an API. Any use of an API, including, through a third-party product that accesses the Network, is subject to these Terms of Service together with the following specific terms:
1. You expressly understand and agree that We shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if We have been advised of the possibility of such damages), resulting from Your use of an API or any third-party products that access Content via an API; and
2. abuse or excessively frequent requests to the Network via an API may result in the temporary or permanent suspension of your Account's access to the API. We, in Our sole discretion, will determine abuse or excessive usage of the API.
2. We reserve the right at any time to suspend, modify or to discontinue, temporarily or permanently, Your access to the API (or any part thereof) without the giving of any reason or notice.
5. Payment
1. A valid credit card or Paypal account is required to pay for the Service for which You subscribe under Your Account, according to the prices set out in Your Price Plan.
2. If, after any Trial Period, You subscribe for any part of the Service, Your Account will then be billed monthly in advance on the basis of the Price Plan and the first payment to be made shall be on the date on which You confirm Your subscription to the Service (the "First Payment Date"). After expiry of the Trial Period, and upon You confirming that You wish to pay for a subscription to the Service, You shall only be entitled to terminate your Account and Networks by service of notice in accordance with Clause 10.
3. There will be no refunds or credits allowed for any periods where the Service is not fully available (or not available at all), or for upgrades/downgrades for periods where You do not use the Service but have failed to terminate Your Network(s) in accordance with Clause 10.1. No exceptions will be made.
6. Modifications to the Service and Your Price Plan
1. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. The prices for the Service as set out in Your Price Plan, including but not limited to the monthly subscription fees for the Service, are subject to change upon 30 days notice from Us. Such notice may be provided at any time by posting the changes to the Website or to the Networks Administration Area.
3. Where You choose to upgrade or downgrade your Account, Your Price Plan will be varied accordingly and with immediate effect.
4. Downgrading Your Service may cause loss of Content, features, and of the functionality of the Service for which You subscribe as part of Your Account. We do not accept any responsibility for or liability for such loss.
5. We shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of the Service.
7. Intellectual Property Rights
1. You hereby warrant and confirm that You have acquired and shall continue to hold throughout the period during which you make use of the Service, all rights consents and licenses from whatever jurisdiction which are required to access and use the Content on Your Network(s), and You shall indemnify Us in relation to any losses, costs, expenses and liabilities which We suffer and which arise directly or indirectly from Your breach of this Clause.
2. We acknowledge that We have no rights to the Content which You provide. However, You acknowledge that the settings on Your Service do allow for such Content to be shared with any third party, and You agree that We shall have no liability whatsoever in relation to such Content should You chose to share it on this basis.
3. We do not screen or veto Content prior to it appearing on the Network(s), but We retain the right (but not the obligation) in Our sole discretion to remove any Content that is accessible via the Service, or to block it from appearing at all.
4. You acknowledge and agree that all intellectual property rights in relation to the Service, the "Elgg.com" brand and in all materials and documents that We prepare in relation to the same (including all goodwill which shall arise in relation thereto), are and shall remain vested in Us absolutely, and that you shall obtain no licence or other rights in relation to the same, save as set out in these Terms of Service. You may not duplicate, copy, de-compile, or reuse any part of the HTML/CSS or visual design elements of the Service without Our express written permission.
8. Privacy Policy
1. Our privacy policy governs the collection, storage and use of personal data by Us, when You register for an Account and subscribe for any part of the Service.
2. We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. Although We own the code, databases, and all other rights to the Service, You retain all rights to Your Data.
3. When You register for an Account We shall ask for information such as Your name, company name, email address, billing address and payment information.
4. We use collected information for the following general purposes: products and services provision, billing, identification and authentication, services improvement, contact, and research.
5. Whilst We take appropriate technical and organizational measures to safeguard the Data that You and Your Users provide to Us, no transmission over the Internet can ever be guaranteed as secure. Consequently, please note that We cannot guarantee the security of any Data that You or they transfer over the Internet to Us.
6. Cookies are required to use the Service. A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to Your browser from a website's computers and is stored on Your computer's hard drive. We use cookies to record current session information, but do not use permanent cookies. You are required to log-in to Your Account after a certain period of time has elapsed to protect You against others accidentally accessing your Account contents.
7. We collect the e-mail addresses of those who communicate with Us via e-mail, information on individual webpages which consumers access or visit, and information volunteered by Users (such as survey information and/or site registrations). The information We collect is used to improve the content of Our Webpages and the quality of Our Service, and is not shared with or sold to third parties for commercial purposes, except (i) to provide products or services requested by You, (ii) when we have Your permission, or (iii) under the following circumstances:
1. We may disclose personally identifiable Data under special circumstances in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the Terms of Service, or as otherwise required by law.
2. We may transfer information about You if We merge with another company or if We sell the business of operating the Service. In this event, We will notify you before information about You is transferred or becomes subject to a different privacy policy.
8. This privacy policy applies to any Data that We collect about You or Your Users. However, the Service will also include links to other third party websites and networks over which We have no control. Please note that this privacy policy applies only to the Data that We collect through providing the Service and We cannot be responsible for Data that third party website operators or third party network owners may collect, store and use through their independent websites and networks. You should always read the privacy policy of each website You visit carefully.
9. We may periodically update this policy. We will notify you about significant changes in the way We treat personal Data by sending a notice to the primary email address specified in Your Account or by placing a prominent notice on Our site.
9. Warranties, Liability
1. We will (i) supply the Service with reasonable skill and care; (ii) ensure that the specification of the Service conforms in all material respects to Our description of it; (iii) ensure that the Service is fit for any purpose which We say it is fit for; and (iv) ensure that it is free from material defects in design.
2. We do not warrant that (i) the Service will meet Your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by You through the Service will meet Your expectations, or that (v) any errors in the Service will be corrected.
3. Subject to Clauses 9.4 and 9.5, if either Party fails to comply with these Terms of Service, neither Party shall be responsible for any losses which either You or We could reasonably foresee would result from a failure to comply with the Terms of Service.
4. You expressly understand and agree that nether Party shall be liable to the other for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if We have been advised of the possibility of such damages), resulting from: (i) the non-availability of the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of Your transmissions or Data; or (iv) statements or conduct of any third party on the Service.
5. Nothing contained in these Terms of Service shall be construed so as to limit or exclude the liability of Us for death or personal injury as a result of Our negligence or that of Our employees or agents or for fraud or fraudulent misrepresentation or for losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability or any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
10. Termination
1. You are solely responsible for properly terminating your Network(s). An email or telephone request to terminate Your Network(s) will not be effective. You can terminate Your Networks at any time by logging into the Networks Administration Area and clicking on the 'Cancel' option.
2. All of Your Content will be immediately deleted from the Service upon termination. This information cannot be recovered once Your Network is terminated.
3. If You terminate Your Network before the end of your current paid up month, such termination will take effect immediately and You will not be charged again although no refund will be given in respect of the payment you have already made for the relevant month.
4. We, at Our sole discretion, have the right to suspend or terminate Your Network(s) and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of Your Account and Network(s) or denial of access to Your Account and Network(s), and the forfeiture and relinquishment of all Content in Your Account and Network(s). We reserve the right to refuse to provide the Service to anyone for any reason at any time.
5. Clauses 7 and 8 shall survive the termination of Your Network(s) and shall remain in effect in accordance with their terms.
6. The termination of Your Account and Network(s) for any reason shall not prejudice any claim which either Party may have against the other in respect of any antecedent breach of any provision hereof nor shall it prejudice the continuance in force of any such provision which is expressly or by implication intended to come into or continue in force on or after such termination.

Curverider Limited 2010