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My Old House Terms and Conditions

General Rules

This Agreement is a legal document which sets out your rights and obligations, and those of Padimax Limited, a company registered in England under registration no. 03676487 ("My Old House", www.myoldhouse.co.uk", "we" or "us"), in relation to this site and the services offered by My Old House through it (the "My Old House Service").

By registering for the My Old House Service, you agree to the terms of this Agreement, and you re-affirm that agreement every time you use it. Visitors to the My Old House Service who do not register to become a Member similarly affirm that they are bound by this Agreement each time they access the My Old House Service. You should be aware that this Agreement may change from time to time.

Registration

You undertake to register for the My Old House Service using accurate and current information about yourself - including your correct name, address and any other requested details. You also undertake only to associate yourself with properties in which you lived in at the period you state.

As part of the registration process for the My Old House Service, you will receive a verification email, the purpose of which is to take reasonable steps to ensure that the email address you have supplied during registration is controlled by you. That email contains simple instructions which you must follow.

As well as being able to browse the My Old House Service like any non-registered visitor, registered users may:

  • associate themselves with properties in which they have previously lived in or do currently live in
  • receive emailed messages, which will be sent to the email address contained in Your Details (which are provided during Registration and may be updated subsequently)
  • opt to receive emails selected during the Registration process (as added to, or de-selected, subsequently), such as notification when another person associates themselves with a property you have previously associated yourself with
  • send email messages to addresses of other members of the My Old House Service. My Old House reserves the right to set and enforce a limit on the number of emails a user can send via the My Old House system in any one 24-hour period
  • post memories of any properties, streets or areas you have lived in, or do currently live in
  • post information in other message board areas that may appear on the My Old House site
  • upload photographs

We are not an internet service provider, however. In order to avail of the My Old House Service, you must have internet access and all the software, and skills, required for email and web usage.

Privacy policy

The My Old House Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data in that policy. Given the global nature of the World Wide Web, any posting on the My Old House Service (including any which contain personal information) is, of course, accessible to internet users around the world.

My Old House's Role

You, whether you are a Member or just a non-Member who visits the My Old House Service, acknowledge that we are not and cannot be responsible for the behaviour of Members - whether on the My Old House Service or outside of it. We only provide a venue where the My Old House Service may be accessed. In particular, you should be aware that My Old House does not pre-screen or monitor the material contributed by Members.

Additional services

My Old House or its affiliates may offer new or additional services through the My Old House Service from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Provided that those terms or rules are notified to you on the My Old House Service in an appropriate manner (as determined by My Old House in its reasonable discretion), any failure by you to comply with a material provision of the terms or rules governing those services will amount to a breach of this Agreement.

Operation of My Old House Services

My Old House reserves the right to withdraw or modify one or more aspects of the My Old House Service where we have legal or technical reasons to do so (including technical difficulties experienced by My Old House or on the Internet). There may also be times when the My Old House Service becomes unavailable, whether on a scheduled or unscheduled basis. For security or other reasons, we may require you to change password or other information which facilitates access to the My Old House Service.

Misuse of My Old House Service

We reserve the right (a) to suspend or terminate any Member's access to the My Old House Service, or parts of it, and/or (b) to edit, or require the Member to edit, material posted on the My Old House Service, if the relevant Member or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, the My Old House Service without our prior consent. You are responsible for everything which is done on or through the My Old House Service while your Membership account is logged on to the My Old House Service, or through your email address(es).

Relevance

The My Old House Service is intended to be used by its Members for the purposes referred to in this agreement. Accordingly, Members must not:

  • place material on, or otherwise use, the My Old House Service for any business or commercial purpose; or
  • use your access to the My Old House Service, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam).

Fees

We may add new or additional services from time to time which require the payment of fees - either to us or a nominated third party - on terms which will be provided to you at the time.

We also reserve the right to introduce a fee for the use of part, or all, of the My Old House service for which no fee had previously been charged.

Prohibitions

You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the My Old House Service, nor any activity or communication you make in connection with any My Old House Service, will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortious or otherwise, or (c) appearing to be offensive, threatening, obscene, pornographic, false, unreliable or misleading.

Alerting My Old House

If you see anything on the My Old House Service which appears to infringe this Agreement, then please contact us to inform us of it by using the "Report Post" function, or by emailing us here. We do not generally monitor material contributed by Members before it is placed on the My Old House Service, and so we are reliant upon users to point out any which infringes this Agreement.

Withdrawal of material and Termination of Membership

Each Member acknowledges that we are entitled to withdraw any material on the My Old House Service which appears whether based on information received from Members or others, or our own determination to be capable of breaching any part of this Agreement, or to bring the My Old House Service into disrepute. However, each user acknowledges that we do not monitor material which appears on the My Old House Service, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach this Agreement, using the notification techniques which are made available on the My Old House Service.

Disclaimer and Release

My Old House has no control over or responsibility for the truth or accuracy of any material available on the My Old House Service, whether provided by Members or others.

  • If any third party sites are linked to from the My Old House Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.
  • You should exercise no lesser degree of caution in appraising what you see on the My Old House Service than you do offline.
  • Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.
  • Your use of the My Old House Service is entirely at your own risk.

Accordingly, to the extent that the law permits, you release My Old House, its directors, contractors and employees from all liability arising out of or in connection with the My Old House Service and the material included here by Members and other third parties.

Intellectual Property

You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the My Old House Service (including the material which is contributed by Members) are owned by My Old House. Although it is easy to copy material which appears on web-sites this does not mean it is legal. No-one may copy, distribute, show in public or create any derivative work from the My Old House Service, or any of the material which is found on the My Old House Service unless properly licensed to do so by us.

By submitting any material to the My Old House service (including any text, photographs, graphics, video or audio) you agree to grant My Old House a perpetual, royalty-free, non-exclusive, sub-licenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in our Privacy Policy. By submitting any material you are representing that you are fully entitled to do so. If you do not want to grant to My Old House the rights set out above, please do not submit any material.

Excluded loss

We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). My Old House will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.

Maximum liability

Without limiting the preceding Clause, during any period of twelve months, the aggregate liability of My Old House under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of (a) 1, or (b) an amount equal to the sums paid by you to us by way of any membership fees during the relevant period of twelve months, regardless of the cause or form of action.

Non-excluded Liabilities

Nothing in this Agreement limits My Old House's liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.

Indemnity

You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access the My Old House Service.

Assignment

We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of My Old House assign or dispose of this Agreement.

Entire Agreement

This Agreement includes our privacy policy. Together they contain the whole of the agreement between us and you concerning the My Old House Service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.

Changes to this Agreement

My Old House reserves the right to change this Agreement from time to time, and post the new version on the My Old House Service. When we do so, we will notify you of the fact that there are changed terms on the main screen (www.myoldhouse.co.uk), and the new version of these terms and conditions will take effect, and will govern all My Old House Services and your relationship with My Old House, immediately upon the date of posting (or such later date as My Old House indicates in the relevant posting).

Severability

In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.

Law

This Agreement shall be governed by and construed in accordance with the laws of England and Wales.

Contact

You can contact us by post at Padimax Limited, 56 Kearsley Road, Manchester, M8 4GF or email at info@myoldhouse.co.uk.

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All site material is owned by Padimax Limited and should not be used without prior permission. Any views expressed in message boards and members notes represent the opinions of the author, and do not represent the opinions of Padimax Limited.
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