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The User Agreement and Terms & Conditions Welcome to the User Agreement for i-report ("User Agreement"). This User Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains at http://www.i-report.biz (the "Site"). If you do not agree to be bound by this User Agreement, you may not use or access our services. You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you may become a user of the Site. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they contain further terms and conditions which apply to you as an i-report user. If you have any questions about this User Agreement, please also refer to our User Agreement Frequently Asked Questions. We may amend this User Agreement at any time by giving you notice ("Notice") by either e-mail or by posting the amended User Agreement on the Site. Any amended User Agreement will govern new users from the date that it is posted on the Site. Existing users will be bound by the amended User Agreement after the expiry of 30 days following the date of a Notice. No other amendment to this User Agreement will be effective. This User Agreement is effective on 20 December 2006 for all users. Membership Eligibility. Our services are not available to, and may not be used by, persons under the age of 18 years or to temporarily or indefinitely suspended i-report members. If you are under 18 years old, you can use this service only in conjunction with and under the supervision of a parent or guardian. If you do not qualify, please do not use our services. i-report is only a venue. i-report is not an auctioneer or online shop or retailer. Instead, the Site acts as a venue which allows registered users to offer, sell, and buy just about any sort of academic, school, university or subject report which is legal, at any time, from anywhere for a price defined by the seller. We do not review listings provided by users, we do not review the content of the reports. As a result, we have no control over the quality or legality of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on the Site. You accept sole responsibility for the legality of your actions under laws applying to you. Restricted and inappropriate Reports You must not upload any reports that are inappropriate. The following list represents examples and is in no way exhaustive. If in doubt please contact us via the “Contact Us” page: pornographic, racist, in breach of copy right or intellectual property rights, trade secrets, plagiarised work, other peoples works, material that incites hatred on the basis of race, nationality, gender, sexuality, religion or other personal characteristic. Ownership of Reports You can only upload reports that you own or that you have produced by yourself. i-report strictly forbids the upload of material which you do not own or which breach any copy write or Intellectual Property Rights (IPR). The terms and conditions that you must agree to before uploading a report cover this and make clear that you are responsible for ensuring that all uploaded material is owned fully by you. Identity verification We use many techniques to verify the accuracy of the information our users provide to us when they register on the Site. However, because user verification on the Internet is difficult, i-report cannot and does not confirm the purported identity of users or the validity of the information which users post to the Site. Our report feedback rating system will also help you to evaluate the quality of the reports submitted by a user. We therefore strongly encourage you to use the feedback mechanism to rate the quality of each and every report that you purchase. Feedback You must not take any actions that may undermine the integrity of the feedback system. We may decide to limit your access to the site and the reports that you upload or purchase if we detect that you are attempting to undermine the feedback system. Feedback ratings are not designed for any purpose other than for indicating the perceived quality of the reports on the site. The feedback ratings are based upon the opinions of other users who have purchased the report and in no way reflect i-reports views. The rating also does NOT guarantee that the report is suitable for your need and requirements. We do not allow you to import feedback from other websites to i-report because such feedback does not reflect your reputation within the i-report community. Liability In the event that you have any right, claim or action against any other user arising from that user's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release i-report (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action. Information Control We do not control the information provided by other users which is made available through the Site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretences. By using this Site, you agree to accept such risks and agree that i-report is not responsible for the acts or omissions of users on the Site. Purchasing reports As a buyer, you will only receive access to a report once the transaction has been completed through PayPal. Once a report has been purchased you will have the rights to upload the report for a period of one month. You are free to save the report onto your hard disk and we strongly encourage you to do this immediately since after the one month period you will may no longer be able to access the report on the i-report site. Refunds cannot be given for reports once they have been purchased. Basic checks at the time of submission to verify that a submitted report is some sort of report are made, rather than say a photo, but the content itself is not verified. Therefore if you purchase a report you fully accept that the report may not be useful for your purposes. By accepting the terms and conditions you accept this fact. Listing and Selling Listing Description. If you are a seller, you must ensure that you are legally able to sell each item included in a listing on the Site, and that it is lawful to sell such item to UK residents or (if the buyer is resident overseas) that it is lawful to sell and export such item to a person resident in the buyer's jurisdiction. You must describe your report on the listing page of the Site. Your listings may only include text descriptions and theses must be as accurate as possible and in no way misleading. If you description is found to be deliberately misleading your report will be immediately deleted. No Cancellation You acknowledge that we will commence supplying our services to you as soon as you have submitted your report, and you recognise that you will not have the right to cancel any listing under the Consumer Protection (Distance Selling) Regulations 2000 or any equivalent legislation in your jurisdiction. Fraud Without limiting any other remedies We may suspend or delete your report if we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, fraudulent activity in connection with the Site. Rights to Sell We are not responsible for verifying a seller's right to list and sell items. In the event that third parties notify us that they believe their intellectual property rights to have been infringed, we may remove such infringing items and/or suspend infringing sellers. Please note that selected personal information which you provide to us may be made available to such third parties if it is clear that you have deliberately or unknowingly infringed copyright or if required by law. We will notify you in righting before providing any third party with your information. Fees Submitting reports to i-report and searching the database is free, although you will remain responsible for the costs of accessing our Site. We charge a fee for the purchase of a reports over and above the price that the seller requested. Our fees are very simple. We simply add £2.00 to the price requested by a seller. We may change this policy at any time, and any change will be effective after the expiry of 14 days following the date of posting on the announcements board on the Site (or such later date as we may notify). However, we may choose to temporarily change our Fees for promotional events (for example, free purchase fee day) and such changes are effective when we announce the temporary promotional event on the Site. For the avoidance of doubt, such promotional events shall not apply to any listings on our Site at the time of the announcement. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are payable in GB Pounds sterling. Whether you are a business or not, value added tax and other taxes may apply to your transaction. Purchasers will be responsible for paying all fees associated with using our service and our Site and all applicable taxes. The fee is automatically included in the to the total price as shown next to each report. Invoices for all transactions are automatically generated by PayPal. Your Information Definition: "Your Information" is defined as any information you provide to us or other users in relation to the i-report service including the content, listing, purchase or feedback process (including, without limitation, any description of items listed), your postings on the message boards and any other content that you post within the Site. You are solely responsible for Your Information, and we act as a mere conduit for your online distribution and publication of Your Information. Restrictions Your Information and your activities on our Site must not: be false, inaccurate or misleading; be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights; infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy; be fraudulent or involve the sale of counterfeit or stolen items; be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising); be obscene, indecent or contain child pornography; create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; link directly or indirectly to or include descriptions of goods or services that are prohibited under this User Agreement contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information; cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired. You must not list any item on the Site (or complete any transaction initiated using the Site) that could cause us to violate any applicable law or our Prohibited, Questionable and Infringing Items Policy Licence To enable i-report to use Your Information You grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity, and database rights you have in Your Information, in any media now known or not currently known. You also waive all moral rights you have in Your Information to the fullest extent permitted by law. Access and Interference The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to i-report by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of i-report and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. We do not authorise you to extract or re-utilise substantial parts of our Site, or to make systematic and repeated extractions or re-utilisations of insubstantial parts of our Site. By accepting this User Agreement, you agree that, with respect to other users' personally identifiable information that you obtain through the Site or through an i-report related communication or i-report facilitated transaction, you may only use such information for: (a) i-report-related communications that are not unsolicited commercial messages and relate to your genuine participation in an i-report-facilitated transaction, (b) using services offered through i-report (e.g. escrow, insurance, postal and fraud complaints), and (c) any other purpose that such user expressly agrees to after adequate disclosure of the purpose(s). In addition, you shall only use such information in accordance with applicable laws and regulations, including without limitation data protection and privacy laws. In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this Section, can you disclose personally identifiable information about another user to any third party without our consent and the consent of such other user after adequate disclosure i-report and our users do not tolerate spam or unsolicited commercial communications. Therefore, without limiting the foregoing, you shall not add an i-report employee or an i-report user, even a user who has purchased an item from you, to your mail list (email or physical mail) without their express written consent after adequate disclosure. Breach Without limiting our other remedies, we may limit your activity on the Site, immediately issue a warning, suspend or terminate your user registration or any of your item listings and refuse to provide our services to you without notice to you: (a) if you breach this User Agreement or the documents incorporated by reference; (b) if, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause us financial loss or legal liability. Transfer of Data We view protection of users' privacy as a very important community principle. Please note that Your Information will be stored and processed on our computers in the UK. The laws on holding personal data in the UK may be less stringent than in your countries laws but i-report will hold and transmit Your Information in a safe, confidential and secure environment. If you object to your Information being transferred or used in this way please do not register. Content Warranty We (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee the quality, content nor the relevance of any item purchased from us. No Service Warranty We (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Our website and our services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. Limitation of Liability Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our, agents or employees. Subject to the foregoing, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you. We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment. Our liability to you or any third party, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, in any circumstance is limited to the greater of (a) the total fees you have paid to us in relation to a purchase or other service offered giving rise to liability, and (b) £10. Indemnity You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement (including the documents incorporated by reference), or your violation of any law or the rights of a third party. Governing Law and Legal Compliance This User Agreement shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts. Please note, that your country (and/or that of any user you deal with) may have laws which apply to your transactions with other users regardless of what you agree with us (now) or with that user (later). The laws of your country may be different from English law, including laws governing what can be legally offered, sold, exported, bought or imported. There may be additional legal requirements, relating to (for example) the requirement to hold a licence to buy or sell certain items, or to register a transfer in a central registry. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service, listing, purchase and solicitation of offers to purchase and sale of items. There is no practical way for us to continually monitor the laws of every country, or each user transaction. Please do not assume that you are allowed to do what other users do, or that we are approving or validating any transaction, even if you have successfully made similar sales or purchases in the past. Dispute Resolution Disputes between you and i-report regarding our services may be reported to i-report Customer Support. Third Party Rights A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act. General If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. You agree that this User Agreement and all incorporated agreements may be automatically assigned by i-report, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. You and i-report are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of this User Agreement.
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