Terms of Use

1. Introduction

Thank you for visiting 99Reflections. Please read these Terms of Use carefully as they constitute a binding legal agreement between you and 99Reflections.

By viewing this site or by registering with us you acknowledge that you have read, understood and agree to be bound by these Terms of Use. If you do not agree then you must not use this site.

2. Privacy

Your privacy is important to us. Please read our Privacy Statement to see how we collect, use and protect your personal information. We recommend that you do this before using this site or registering with us.

3. Changes to Terms of Use

We may change, modify, add to or delete portions of these Terms of Use at any time. When we do, we will notify you of the changes by placing a notification on all pages for 7 days from the date of the change. However it is your responsibility to regularly review the Terms of Use for changes. By continuing to use the site you agree to these changes.

4. Your use of 99Reflections

99Reflections is made available for your personal, non-commercial use only except where otherwise authorised by us.

It is your responsibility, bearing in mind the global nature of the internet, to comply with all relevant laws which may apply to your use of 99Reflections and material you post, including but not limited to laws relating to acceptable content, online conduct and the export of data.

Failure to comply with the law or these Terms of Use may result in deletion of posts, suspension of posting privileges or banning.

(i) Your Account

If you choose to register an account then as part of the registration process you will be asked to select a user name and password. You are responsible for all activities occurring under your username and for keeping your password secure. We strongly recommend you do not reuse a password which you also use elsewhere.

You may not select or use a username or provide us with an email address that:

• Contains “99Reflections” or otherwise misrepresents your relationship with us or any other party;
• Contains any profanity, is vulgar or offensive, or promotes an illegal activity;
• Violates any trademark or other proprietary right; or
• Impersonates someone else.

We reserve the right to log off or deactivate accounts that are inactive for an extended period of time.

You agree not to use the account or password of another user and not to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorised use of your account or access to your password.

We will not be liable for any loss that you may incur as a result of someone else using or accessing your password or account, either with or without your knowledge.

You may be held liable for losses incurred by us or any other party as a result of someone else using or accessing your password or account if you have not taken reasonable steps to keep your password or account secure.

We may at our absolute discretion refuse you access to the site, delete posts by you or suspend/terminate your account without prior notice for any reason and you shall not be entitled to any compensation in respect of this.

These Terms of Use, including in particular indemnities, shall survive any suspension or termination of your account.

(ii) Your Posts

99Reflections is not responsible for and does not endorse the contents of user posts. You are entirely responsible for material which you post.

You agree not to post or link to any material which:

• Violates the criminal law;
• Promotes or encourages illegal activity;
• Is defamatory, invasive of privacy, abusive, harassing, threatening, profane, violent, sexually explicit, or which otherwise violates the rights of others;
• May prejudice ongoing civil or criminal proceedings, violate the sub judice rule or may otherwise amount to a contempt of court;
• Infringes the copyright, patent, trademark, trade secret, database right, right of privacy or publicity or other proprietary right of any party;
• Includes any spam, unauthorised advertising or any other form of commercial publicity;
• Is irrelevant, repetitive or imposes an unreasonable or disproportionately large load the site servers, bandwidth or infrastructure;
• Falsely claims to be sponsored or endorsed by 99Reflections; or
• Contains any virus, Trojan horse, worm or similar harmful material.

You own all the material you post on 99Reflections and we do not claim ownership of that material. However we need your permission to use that material for the purposes of the site itself as well as for related purposes such as promotion and publicity. Consequently, by posting any material on 99Reflections, you grant us a licence to use, modify, publicly perform, publicly display, reproduce, and distribute such material. The license you grant to us is non-exclusive, royalty free and fully paid, sub-licensable, perpetual and worldwide. You also waive to the fullest extent permissible by law any moral rights in such material. You are responsible for making sure that you have all rights to what you post, including the rights necessary for you to grant the licence above.

By posting any material on 99Reflections you represent and warrant that: (i) you own the material posted by you or otherwise have the right to grant the licence above, and (ii) the posting of the material does not violate the privacy rights, publicity rights, copyright, contract rights or any other rights of any person. You agree to pay for all royalties, fees, or any other monies owing any person by reason of any material posted by you.

In order to protect the continuity of discussions on 99Reflections we do not generally remove or delete posts. Consequently you agree that the material you post will remain visible even if you decide to terminate your account.

(iii) Capacity

99Reflections is not directed at children younger than 13 and is offered only to users 13 years of age or older. If you are under 13 years old, you may not register with or use the site. Any person who registers with us represents that they are 13 years of age or older.

We recommend that young people aged 13 years of age or older ask their parents or legal guardians for permission before using 99Reflections or sending any information about themselves to anyone over the Internet. We cannot guarantee that all content on the site will be suitable for minors.

If you are using 99Reflections as a representative of a company or legal entity, you represent that you have the authority to enter into these Terms of Use on behalf of that company or entity, and agree that the terms “you” and “your” in this agreement refers to your company or legal entity.

5. Intellectual Property

All intellectual property rights in the website design, text, graphics, the selection and arrangement thereof and all software are copyright 99Reflections unless otherwise indicated. All rights reserved.

You acknowledge that all trademarks, trade names, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing; trade or business names; innovations, inventions whether or not capable of protection by patent or registration, registered design and topography rights; know-how, including data specifications, drawings and instructions; secret formulae and processes; rights protecting goodwill and reputation; database rights and rights under licences and consents in relation to such things, rights in the nature of unfair competition rights, and rights to sue for passing of and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world; copyright, trademarks and other intellectual property rights in and relating to 99Reflections are solely owned by us.

You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the material at 99Reflections without our written permission.

6. Site Searching, Indexing and Screenscraping

You agree not to modify, adapt, translate, or reverse engineer any portion of 99Reflections, nor to use any robot, spider, site search/retrieval application, or other device to retrieve, index or screenscrape any portion of the site, except as expressly authorised in writing by us. You agree not to reformat or frame any portion of the site. You agree to respect and follow the restrictions imposed by the 99Reflections robots.txt file.

7. Your Feedback and Suggestions to Us

From time to time users contact us with feedback, suggestions and submissions about 99Reflections and how to improve the site and services we offer. We welcome your input, and the following terms ensure that we can use your contributions to improve the site.

You do not have to submit anything to us about 99Reflections, but if you do you acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or any other submissions to us which may improve our products, services, or offerings shall become our property unless otherwise agreed by us.

By making a submission to us about 99Reflections, you grant a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty free right to us to copy, prepare derivative works from, improve, distribute, publish, remove, retain, add, and use and commercialise, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties.

If you do not want to grant us the rights set out above, please do not make submissions to us about 99Reflections.

8. Disclaimer and Waiver

We do not make any warranty or representation as to the accuracy or completeness of the information contained on this site. Material posted on the site is not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such material by any user, or by anyone who may be informed of any of its contents.

Although we take careful steps to ensure the security of the website we do not make any warranty that the website is free from infection by viruses or anything else that has contaminating properties.

Under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Under no conditions and in no event shall we be liable for any direct or indirect, incidental, consequential, special or exemplary damages or loss howsoever arising, (including but not limited to negligence or breach of these Terms of Use or otherwise) or for any loss of data, profit, revenue, goodwill or business howsoever caused even if that loss or damage was foreseeable by us, or the possibility of it was brought to our attention.

You acknowledge that your use of 99Reflections including any material downloaded or otherwise obtained through the site is at your own discretion and risk and you agree to waive to the fullest extent permissible by law any right to bring any claim or action against 99Reflections or our successors, assigns, directors, officers, employees and agents for any loss, damage or injury arising from such use.

9. Links to Other Websites

99Reflections contains links to websites operated by third parties over which we have no control. These links are provided for your convenience only and do not amount to an endorsement or recommendation of those sites. We accept no liability in relation to those sites and should you choose to access third party sites you do so at your own risk.

10. Indemnity

You agree to indemnify, defend (at the request of 99Reflections) and hold harmless 99Reflections, our investors, successors, subsidiaries, affiliates, co-branders, contractors, employees, contributors, third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any claim, demand, loss, damage, cost, or liability including reasonable legal expenses, made or brought by any third party due to or arising out of:

• Your use of 99Reflections or any part thereof;
• The violation of these Terms of Use by you;
• The infringement or misappropriation by you, or a third party using your computer, of any account or password to access and/or use 99Reflections; or
• The infringement by you of any intellectual property rights.

Entire Agreement / No Waiver

These Terms of Use make up the entire agreement between you and 99Reflections and supersede any prior agreement. Any amendment to or waiver of this agreement must be in writing and signed by our authorised representatives. Failure to enforce any provision of this agreement shall not amount to a waiver of such provision.

13. Severability

If any provision of this agreement is found to be unenforceable the remaining provisions will continue to be of full force and effect.

14. Governing Law

This agreement shall be governed by US law and you agree to the exclusive jurisdiction of the US courts in all matters regarding this agreement and your use of 99Reflections.

15. Availability of Service

We may at our sole discretion and at any time discontinue temporarily or permanently 99Reflections or any part thereof with or without notice.

You agree that any termination of access to the site under any provision of these Terms of Use may be effected without notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the site.

99Reflections may be temporarily unavailable from time to time for maintenance or other reasons. We accept no responsibility for any error, omission, interruption, deletion, defect, delay in transmission, communication line failure, theft or destruction or unauthorized access to, or alteration of user communications.

Where possible, we will use reasonable efforts to give users fair notice of technical difficulties or termination or suspension of their access to 99Reflections. However you agree that we shall not be liable to you or any third party for any inability to access the site, termination or suspension of access to the site or modification of the service provided.