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Terms & Conditions

INTERNET SERVICES AGREEMENT

BETWEEN

(A)             RAZ CONNECTIONS LTD, whose registered  address is cedars pilgrims way Sevenoaks, a company organised under the laws of England and Wales, (“RAZ”, “we” or “us”), and

(B)             Vince Davie whose residential/business address is cedars pilgrims way Sevenoaks.

The Terms form a legally binding agreement between you and RAZ in relation to your use of the Service. It is important you read them carefully.

WHEREAS:

1.       RAZ operates a website called www.razitup.co.uk which is a site that offers a variety of services or platforms.  These platforms are: Bidding and auctions, advertising and the posting of audio and visual media including mp3;

 

2.       RAZ makes these platforms available to internet users;

 

3.       YOU are a website user, member or advertiser, or visitor wishing to use or visit these platforms.

NOW IT IS AGREED that the above defined parties will be bound by the following terms and conditions:

PART ONE – RAZITUP.co.uk

Section 1 – Services offered

1.1             RAZ operates RAZITUP.co.uk, which is a social networking platform that allows members to create unique profiles online. The services offered by RAZ include any RAZ-branded URL (the "RAZ Website"), RAZ messaging services (including instant messaging, private messaging, and email services), RAZ music and video services, RAZ developer services, RAZ mobile services, and any other features, content, or applications offered from time to time by RAZ in connection with RAZ’s business (collectively, the "RAZ Services"). The RAZ Services are hosted in the United Kingdom.

1.2             This terms of use agreement, as may be modified from time to time, ("Agreement") constitutes legally binding terms and applies to your use of the RAZ Services. By accessing and/or using the RAZ Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the RAZ Services, including through a mobile or other wireless device, or otherwise use the RAZ Services without being registered) or you are a "Member" (which means that you have registered with RAZ). The term "User" refers to a Visitor or a Member. You are authorised to use the RAZ Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement. In addition, in consideration for becoming a Member and/or making use of the RAZ Services, you must indicate your acceptance of this Agreement during the registration process.

Section 2 - Eligibility.

2.1             Use of the RAZ Services and registration to be a Member for the RAZ Services (“Membership”) is void where prohibited. By using the RAZ Services, you represent and warrant that:

(a) All registration information you submit is truthful and accurate;

(b) You will maintain the accuracy of that information;

(c) You are 16 years old or older; and

(d) Your use of the RAZ Services does not violate any law.

2.1             We may delete your profile and terminate your Membership without warning if we believe you are under 16 years old, if we believe that you are under 18 years old and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.

Section 3 - Term.

This Agreement, and any posted revision to this Agreement, will remain in full force while you use the RAZ Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. RAZ may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. RAZ also reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, private messages, emails and instant messages (collectively, “messages”) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the RAZ Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. RAZ also reserves the right, in its sole discretion, to reassign or rename your profile URL. RAZ expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the RAZ Services if RAZ determines, in its sole discretion, that you have violated this Agreement or pose a threat to RAZ, its employees, business partners, Users and/or the public. Even after Membership is terminated, this Agreement will remain in effect, including, without limitation, Sections 5-1.

Section 4 – Fees and Credits.

4.1             Fees - You acknowledge that RAZ reserves the right to charge for any portion of the RAZ Services and to change its fees (if any) from time to time in its discretion. If RAZ terminates your Membership because you have breached the Agreement, you will not be entitled to the refund of any unused portion of fees or payments (if any).

4.2             Credits – Users may buy bidding credits.  Once purchased, credits shall be allocated to the User account.  The balance of the account will vary according to usage.  User may consult their Credit Balance at any time.  Credits may be purchased in the following form:

                   4.2.1           1 bid - £1.75

                   4.2.2           5 bids - £7.75

                   4.2.3           10 bids - £14.50

                   4.2.4           20 bids - £27.00

                   4.2.5           40 bids - £50.00

4.3             Credit Balance – All bidding, extra voting or music purchases shall be deducted from the User’s Credit Balance.  Any winning prizes and music sales shall be credited to the User’s Credit Balance.

4.4            Advertising with us requires a standard payment of £49.39 

Section 5 - Password.

When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of another Member at any time or to disclose your password to any third party. You agree to notify RAZ immediately if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account.

Section 6 - Use by Members.

6.1             The RAZ Services are for the personal use of Members and may only be used for direct commercial purposes if they are specifically endorsed or authorised by RAZ. RAZ reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorised use of the RAZ Services, including, without limitation, collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the RAZ Services, or employing third party promotional sites or software to promote profiles for money, is prohibited.

6.2             Commercial advertisements, affiliate links, and other forms of unauthorised data collection or solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. RAZ reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorised use of the RAZ Services.

 Section 7 - Proprietary Rights in Content on RAZ.

7.1             RAZ does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you transmit, submit, display or publish (“post”) on, through or in connection with the RAZ Services. After posting your Content on, through or in connection with the RAZ Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By posting any Content on, through or in connection with the RAZ Services, you here grant to RAZ a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on, through or in connection with the RAZ Services, including, without limit, through the RAZ Services to applications, widgets, websites or mobile, desktop or other services which are linked with your RAZ account (collectively, “Linked Services”), including, without limit, distributing part or all of the RAZ Services and any Content included there, in any media formats and through any media channels, except that Content marked “private” will not be distributed by RAZ outside the RAZ Services and Linked Services. This limited license does not grant RAZ the right to sell or otherwise distribute your Content outside of the RAZ Services or Linked Services. After you remove your Content from the RAZ Services we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside of the RAZ Services, you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside of the RAZ Services as soon as practicable after you make the change. Even in light of this, you understand and agree that once Content is distributed to a Linked Service or incorporated into other aspects of the RAZ Services, RAZ is under no obligation to delete or ask other Users or a Linked Service to delete that Content, and therefore it may continue to appear and be used indefinitely.

7.2             The license you grant to RAZ is non-exclusive (meaning you are free to license your Content to anyone else in addition to RAZ), fully-paid and royalty-free (meaning that RAZ is not required to pay you or anyone else deriving rights from you for the use on the RAZ Services of the Content that you post), sub-licensable (so that RAZ is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the RAZ Services), and worldwide (because the Internet and the RAZ Services are global in reach).

7.3              You represent and warrant that:

(I) you own the Content posted by you on, through or in connection with the RAZ Services, or otherwise have the right to grant the license defined in this Section, and

(ii) The posting of your Content on, through or in connection with the RAZ Services and/or Linked Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity through the use of any Content posted by you on or through the RAZ Services and/or Linked Services.

7.4             The RAZ Services contain Content of RAZ ("RAZ Content"). RAZ Content is protected by copyright, trademark, patent, trade secret and other laws, and RAZ owns and retains all rights in the RAZ Content and the RAZ Services. RAZ hereby grants you a limited, revocable, non-sub licensable license to reproduce and display the RAZ Content (excluding any software code) solely for your personal use in connection with viewing the RAZ Website and using the RAZ Services.

7.5             The RAZ Services contain Content of Users and other RAZ licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the RAZ Services.

7.6             RAZ performs technical functions necessary to offer the RAZ Services, including, but not limited to, the technical processing and transmission of email communications to perform the email service, and transcoding and/or reformatting Content to allow its use throughout the RAZ Services. In addition, you agree and acknowledge that RAZ may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with the RAZ Services. You can control what type of communications you receive from the RAZ Services by logging into your account and choosing the appropriate notifications settings or by following the unsubscribe instructions contained at the bottom of commercial emails.

7.7             RAZ reserves the right to limit the storage capacity of Content that you post on, through or in connection with the RAZ Services.

Section 8 - Content Posted.

8.1              Please choose carefully the information that you post on, through or in connection with the RAZ Services and that you provide to other Users. Your RAZ profile may not include any form of Prohibited Content, as outlined in Section 9 below. Despite this prohibition, information, materials, products or services provided by other RAZ Members (for instance, in their profiles) or Linked Services may, in whole or in part, be unauthorised, impermissible or otherwise violate this Agreement, and RAZ assumes no responsibility or liability for this material. If you become aware of misuse of the RAZ Services by any person or Linked Service, please contact RAZ.

8.2             RAZ may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, content that in the sole judgment of RAZ violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. RAZ assumes no responsibility for monitoring the RAZ Services for inappropriate Content or conduct. If at any time RAZ chooses, in its sole discretion, to monitor the RAZ Services, RAZ nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

8.3             You are solely responsible for the Content that you post on, through or in connection with any of the RAZ Services, and any material or information that you transmit to other Members and for your interactions with other Users.

Section 9 - Content/Activity Prohibited.

9.1              Here are examples of the kind of Content that is illegal or prohibited to post on, through or in connection with the RAZ Services. RAZ reserves the right to investigate and take appropriate legal action against anyone who, in RAZ's sole discretion, violates this provision, including, without limitation, removing the offending Content from the RAZ Services, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities. Prohibited Content includes Content that, in the sole discretion of RAZ:

9.1.1 Is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;

9.1.2 Harasses or advocates harassment of another person;

9.1.3 Exploits people in a sexual or violent manner

9.1.4 Contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;

9.1.5 Solicits or is designed to solicit personal information from anyone under 18;

9.1.6 Publicly posts information that poses or creates a privacy or security risk to any person;

9.1.7 Constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

9.1.8 Constitutes or promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;

9.1.9 Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

9.1.10 Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

9.1.11 Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

9.1.12 Solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;

9.1.13 Involves commercial activities and/or sales without prior written consent from RAZ such as contests, sweepstakes, barter, advertising, or pyramid schemes;

9.1.14 Includes a photograph or video of another person that you have posted without that person's consent;

9.1.15 For band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any unfair, misleading or deceptive Content intended to draw traffic to the profile; or

9.1.16 Violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.

9.2             The following are examples of the kind of activity that is illegal or prohibited on the RAZ Website and through your use of the RAZ Services. RAZ reserves the right to investigate and take appropriate legal action against anyone who, in RAZ's sole discretion, violates this provision, including, without limitation, terminating your Membership and/or reporting such activity or Content to law enforcement authorities. Prohibited activity includes, but is not limited to:

9.2.1 Criminal or tortious activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

9.2.2 Advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorised or impermissible use of the RAZ Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, RAZ reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which RAZ deems appropriate in its sole discretion. If you breach this Agreement and send or cause to send (directly or indirectly) unsolicited bulk messages, status or mood updates, bulletins or other unauthorised commercial communications of any kind through the RAZ Services, you acknowledge that you will have caused substantial harm to RAZ, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay RAZ £10 for each actual or intended recipient of such unsolicited message, status or mood update, bulletin or other unauthorised commercial communication you send through the RAZ Services;

9.2.3 Circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the RAZ Services;

9.2.4 Activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorised use of or access to a computer or a computer network;

9.2.5 Modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the RAZ Services other than your Content which you legally post on, through or in connection with the RAZ Services;

9.2.6 Providing or using “tracking” or monitoring functionality in connection with the RAZ Services, including, without limitation, to identify other Users’ views, actions or other activities on the RAZ Services;

9.2.7 Covering or obscuring the banner advertisements and/or safety features on your personal profile page, or any RAZ page via HTML/CSS or any other means;

9.2.8  Any automated use of the system, such as, but not limited to, using scripts to add friends or send comments, messages, status or mood updates, blogs or bulletins;

9.2.9 Interfering with, disrupting, or creating an undue burden on the RAZ Services or the networks or services connected to the RAZ Services;

9.2.10 Impersonating or attempting to impersonate RAZ or a RAZ employee, administrator or moderator, another Member, or person or entity (including, without limitation, the use of email addresses associated with or of any of the foregoing);

9.2.11 For band, comedy, filmmaker and other profiles containing a RAZ player, copying the code for your RAZ Player and embedding it (or directing others to embed it) anywhere other than in your band profile on RAZ;

9.2.12 Using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

9.2.13 Selling or otherwise transferring your profile, your email address or URL;

9.2.14 Using or distributing any information obtained from the RAZ Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;

9.2.15 Displaying an unauthorised commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorised or impermissible use of the RAZ Services on behalf of that person, such as placing commercial content on your profile, links to e-commerce sites not authorised by RAZ, posting status or mood updates, blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your top friends, or sending messages with a commercial purpose;

9.2.16 Relaying email from a third party's mail servers without the permission of that third party;

9.2.17 Using invalid or forged headers to disguise the origin of any Content transmitted to or through RAZ’s computer systems, or otherwise misrepresenting yourself or the source of any message or Content;

9.2.18 Using any automated system, including, but not limited to, scripts or bots in order to harvest email addresses or other data from the RAZ Website for the purposes of sending unsolicited or unauthorized material;

9.2.19 Engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivised, misleading, malicious, or otherwise fraudulent; or

9.2.20 Using the RAZ Services in a manner inconsistent with any and all Applicable Law.

Section 10 - Protecting Copyrights and Other Intellectual Property.
 

10.1           RAZ respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is RAZ’s policy to terminate, in appropriate circumstances, the membership of repeat infringers.

10.2           If you believe your work has been copied and posted on or through the RAZ Services in a way that constitutes copyright infringement, please send RAZ's Copyright Agent a notification of claimed infringement with all of the following information:

(a) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted w

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