Terms of Service

  1. Acceptance of Terms

    2. This Web site is provided by ServicePals.com Limited ("ServicePals.com"), subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. ServicePals.com reserves the right to alter these Terms of Service without advance notice by posting revised TOS.

    These TOS apply to the following sites:

    http://www.servicepals.com

    In addition, when using particular services provided by ServicePals.com, you shall be subject to any additional posted guidelines or rules applicable to such services. All such guidelines or rules are hereby incorporated by reference into the TOS.

    PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING SERVICEPALS.COM WEB SITES. YOUR USE OF OR ACCESS TO SERVICEPALS.COM WEB SITES CONSTITUTES AGREEMENT TO ABIDE BY THE TERMS OF SERVICE THEN IN EFFECT.

    Any questions about the meaning or application of these Terms of Service should be directed to feedback@servicepals.com.

  2. Description of the Service

    3. ServicePals.com provides users with access to a rich collection of online resources including online forums and message boards, opportunities to post eyewitness accounts and features (the "interactive community"), shopping services, searchable databases, specialized content and branded programming through its network of properties (the "service"). Unless explicitly stated otherwise, any new features that augment or enhance the current service, including the release of new ServicePals.com properties, shall be subject to the TOS.

    In order to use the service, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

  3. Registration Obligations/Screen Names

    4. You are not obligated to register with ServicePals.com in order to access the Web sites subject to the TOS. However, ServicePals.com offers certain features and services for which registration is necessary. For example, to contribute to online message boards, eyewitness accounts, features and discussions, you are required to select a user name and to provide your email address to ServicePals.com. Depending on the Web site, you will either select your own password at the time of registration or will receive an email notification from us with a randomly generated initial password. Whenever you contribute to a public forum, your user name will automatically appear with your post and link to your profile. You may choose a name to use in connection with your messages in the interactive community.

    However, you may not use a user name (or email address) that attempts to impersonate another person; that belongs to another person, without his or her prior consent; that violates the intellectual property rights of any person; or that ServicePals.com deems to be offensive.

    In addition, you may submit your email address in order to receive periodic updates from ServicePals.com about new online services, and other matters. Additional contact information, including name, address, phone number and email address is requested for participation in online quizzes and contests. All such submissions are governed by the ServicePals.com Privacy Policy.

    In consideration of your use of the service, you agree, where information is requested, to provide true, accurate, current and complete information about yourself and not to impersonate any other person. If you receive or select a password, you are responsible for maintaining its confidentiality, and are fully responsible for all activities that occur under your password or user name.

    You agree to (a) immediately notify ServicePals.com of any unauthorized use of your password or User Name or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ServicePals.com is not liable for any loss or damage arising from your failure to comply with this Section.

  4. ServicePals.com Privacy Policy

    5. The TOS incorporate the terms of our Privacy Policy. Please see the full Privacy Policy for more information.

  5. Rules of Conduct

    6. ServicePals.com expects the users of this service to respect the rights and dignity of others. Accordingly, use of the service is conditioned on the following Rules of Conduct:

    1. You agree not to post or transmit through ServicePals.com any threatening, harassing, degrading, hateful or intimidating material;
    2. You agree not to post or transmit through ServicePals.com any defamatory material;
    3. You agree not to post or transmit through ServicePals.com any material that is fraudulent or tortious;
    4. You agree not to post or transmit through ServicePals.com any obscene, indecent, or pornographic material;
    5. You agree not to post or transmit through ServicePals.com any material which would violate or infringe in any way upon the rights of others, or which would give rise to criminal or civil liability and/or violate federal or local law or regulation;
    6. You agree not to post or transmit through ServicePals.com any material which encourages conduct that constitutes a criminal offense;
    7. You agree not to upload, post, or otherwise make available on ServicePals.com Web sites any material protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. Any person who has been found repeatedly to violate the intellectual property rights of others shall be barred from submitting or posting any further material on ServicePals.com's Web sites;
    8. You agree not to impersonate any person or entity, including, but not limited to, any ServicePals.com employee, or falsely state or otherwise misrepresent your affiliation with any person or entity;
    9. You agree not to post or transmit through ServicePals.com any material that would violate another person's privacy rights, including any message containing personal phone numbers or addresses (including your own);
    10. You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally identifiable information about users of ServicePals.com's Web sites;
    11. You agree not to upload, post or transmit through ServicePals.com's Web sites any virus, worm, Trojan Horse, or any other computer code, file, or program that may or is intended to damage the operation of any hardware, software, or telecommunications equipment;
    12. You agree not to interfere with or disrupt the ServicePals.com service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service;
    13. You agree not to upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
    14. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of ServicePals.com's service, use of the service, or access to the service;
    15. You agree not to post or transmit content that encourages or provides instructional information about illegal activities, in particular, hacking, cracking or phreaking.
  6. Monitoring and Disclosure of Content
    1. You acknowledge that ServicePals.com does not pre-screen content posted by users, and that ServicePals.com shall not be responsible for policing, monitoring, or editing such content.Notwithstanding the foregoing, ServicePals.com shall have the right, but not the obligation, to monitor such content in order to respond to or comment upon communications by participants and in order to determine compliance with the TOS. In addition, ServicePals.com shall have the right and sole discretion to refuse to post or to remove any content, in whole or in part, that it believes to be in violation of the TOS, or which it finds to be otherwise objectionable for any reason.
    2. You acknowledge and agree that ServicePals.com may preserve content and may also disclose content and its origin if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of ServicePals.com, its users and the public.
  7. Limitations of Liability and Disclaimer of Warranties
    1. ServicePals.com is a distributor only, and not a publisher, of messages posted in its interactive community. The opinions expressed in the public forums are not necessarily those of ServicePals.com. ServicePals.com is not responsible for any user-provided materials, which are deemed harmful or offensive to others. ServicePals.com is not responsible in any way for any injury, loss, or damage which occurs as a result of an opinion expressed or information provided in public forum sections of the Web site. All statements, advice and opinions made by participants in the public forums of ServicePals.com's Web sites are those of such participants only, and ServicePals.com neither endorses nor shall be held responsible for the reliability or accuracy of same. In addition, any user of ServicePals.com's Web sites who chooses to make any personally identifiable information or other information publicly available does so at his or her own risk. ServicePals.com has no control over, and shall have no legal liability for, any damages resulting from the use or misuse of such information, including republication, by any third party of information voluntarily made public by a user of the Web sites.
    2. YOUR USE OF SERVICEPALS.COM'S WEB SITES, THE CONTENT ON SERVICEPALS.COM'S WEB SITES, AND ANY GOODS OR SERVICES YOU ACQUIRE FROM SERVICEPALS.COM ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT.IN THIS REGARD, YOU ACKNOWLEDGE THAT YOU MAY NOT RELY ON ANY CONTENT CREATED BY SERVICEPALS.COM OR SUBMITTED TO SERVICEPALS.COM, INCLUDING WITHOUT LIMITATION INFORMATION IN THE INTERACTIVE COMMUNITY AND IN ALL OTHER PARTS OF THE WEB SITES.
    3. SERVICEPALS.COM DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SERVICEPALS.COM WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF SERVICEPALS.COM HAD BEEN ADVISED OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, SERVICEPALS.COM WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE SERVICEPALS.COM'S WEB SITES, FROM GOODS ACQUIRED THROUGH SERVICEPALS.COM, OR FROM ANY CONTENT POSTED ONLINE BY SERVICEPALS.COM OR ANYONE ELSE.
    4. SERVICEPALS.COM MAKES NO WARRANTY THAT (i) THE WEB SITES WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE WEB SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITES WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  8. Indemnity

    9. You agree to defend, indemnify and hold harmless ServicePals.com, its parents, subsidiaries and affiliated companies and their respective directors, officers, employees and agents from and against all claims, losses, costs, and expenses (including attorneys fees) arising out of your use of ServicePals.com's Web sites, or arising out of any violation of these Terms of Service by you including, without limitation, any communication by you which is claimed to be defamatory, obscene or otherwise unlawful, or which is claimed to violate the copyright, trademark, proprietary or other rights of third parties.

  9. Links

    10. ServicePals.com's Web sites may provide links to other World Wide Web sites or resources. Because ServicePals.com has no control over such sites and resources, you acknowledge and agree that ServicePals.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ServicePals.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

  10. Dealings With Advertisers

    11. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that ServicePals.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

  11. ServicePals.com's Proprietary Rights
    1. Subject to the ServicePals.com Privacy Policy, by inputting data, posting stories, ideas, drawings, opinions, messages, eyewitness accounts or any other materials, or engaging in any other form of communication (a "Submission") through the Web sites, you are granting ServicePals.com and its affiliated companies a royalty free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to (i) use, copy, sublicense, adapt, transmit, distribute, publicly perform or display any such Submission, and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Submission. The foregoing grants shall include the right to exploit any proprietary rights in such Submission, including but not limited to rights under copyright, trademark, service mark, or patent laws in any relevant jurisdiction. You release ServicePals.com from any and all claims or liability (now known or hereafter arising) in connection with any Submission made by you, and agree to indemnify ServicePals.com in connection therewith. You agree and acknowledge that participation in the ServicePals.com site shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, contractual or other special relationship between you and ServicePals.com (other than the relationship between ServicePals.com and you entered into by virtue of your agreement to these Terms of Service).
    2. You acknowledge and agree that the content presented to you through the service or advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by ServicePals.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the content made available through the service, in whole or in part.
  12. Copyright Issues

    13. All content on the ServicePals.com Web sites is protected under U.K copyright laws. You may download one copy of the content of ServicePals.com's Web sites to any single computer for your personal, non-commercial home use only, provided that you keep intact all copyright and other proprietary notices. You may not otherwise license, sell, modify, copy, publish, distribute or display any content from ServicePals.com's Web sites.

    If you have a claim of copyright infringement with respect to material that is posted on ServicePals.com's Web sites, please follow the procedures below:

    1. Notice and Procedure for Making Claims of Copyright Infringement
      1. Written notification must be submitted to the following Designated Agent to Receive Notification of Claimed Infringement:

        2. Name: Gus Goodhall. Address: ServicePals.com Limited, 1 High Street, Windsor, Berkshire, SL4 1LD, UNITED KINGDOM.

      2. To be effective, the notification must include the following:
        1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
        2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online Web site are covered by a single notification, a representative list of works at that site;
        3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
        4. Information reasonably sufficient to permit ServicePals.com to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
        5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
        6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
      3. Upon receipt of the written notification containing the information as outlined in paragraphs a) through f) above:
        • ServicePals.com shall remove or disable access to the material that is alleged to be infringing and shall forward the written notification to such alleged infringer;
        • ServicePals.com shall take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
    2. Counter Notification
      1. A person who receives a notification of alleged copyright infringement, and believes that the claim is erroneous, may submit a counter notification to ServicePals.com's Designated Agent.
      2. To be effective, a counter notification must be a written communication that includes substantially the following:
        1. A physical or electronic signature of the person submitting the counter notification;
        2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
        3. A statement under penalty of perjury that the person submitting the counter notification has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
        4. The person's name, address, and telephone number, and a statement that the person will accept service of process from the complaining party or an agent of such person.
      3. Upon receipt of a counter notification containing the information as outlined in paragraphs a) through d) above:
        • ServicePals.com shall promptly provide the complaining party with a copy of the Counter Notification;
        • ServicePals.com shall inform the complaining party that it will replace the removed material or cease disabling access to it within ten (10) business days;
        • ServicePals.com shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the counter notification, provided ServicePals.com's Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain alleged infringer from engaging in infringing activity on ServicePals.com's Web sites.
  13. Modifications to Service

    14. ServicePals.com reserves 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. You agree that ServicePals.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

  14. Termination

    15. You agree that ServicePals.com, in its sole discretion, may terminate your password and User Name and/or use of the service, and may remove and discard any content within the service, for any reason, including, without limitation, if ServicePals.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. You agree that any termination of your access to the service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that ServicePals.com may immediately deactivate or delete your password and User Name and all related information and files associated with it and/or bar any further access to such files or the service. Further, you agree that ServicePals.com shall not be liable to you or any third party for any termination of your access to the service.

  15. International Use

    16. By choosing to access ServicePals.com's Web sites from any location other than the United Kingdom, you accept full responsibility for compliance with all local laws. You are also subject to United Kingdom export controls and are responsible for any violations of United Kingdom embargoes or other rules and regulations restricting exports.

  16. Governing Law

    17. These Terms of Service shall be governed by and interpreted in accordance with the laws of the United Kingdom, without regard to their principles of conflicts of law.

  17. Severability

    18. If any part of these Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms of Service will remain binding upon the parties.

  18. Entire Agreement

    19. This constitutes the entire agreement between you and ServicePals.com with respect to your use of ServicePals.com's Web sites and supersedes all prior or contemporaneous communications and proposals between you and ServicePals.com.

  19. Notice

    20. Notices to you may be made via either email or regular mail. The service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the service.