Last modified: 30/08/18
These Services are offered and made available only to users 12 years of age or older (17yrs) and certain features within our purview (including, but not limited to, Playtesting, Product Review, Director of Facilities and/or Site Managers) and may be subject to heightened age and/or other eligibility requirements. If such services are being accessed by persons under the age of 12 years then it may only be done so by the strict agreement of ProjectTHISNG and its representative (Director of Facilities) Gary Powell, and with the strict knowledge that such services are being accessed with a binding agreement by a signed signatory of 18 Years or older and one who is also willing to be signed as a legal guardian or legal representative of the persons 12 years or under and so named. This also includes groups who intend to use the facilities for those of a school age for educational purposes. All such queries should be made to Gary Powell and should include a Health and Safety agreement and Site use agreement.
If you are not yet 12 years of age or older or the required greater age for certain features, and/or do not meet any other eligibility requirements, please discontinue using the Services immediately or, if for any reason, you do not agree with all of the terms and conditions that are contained in this Agreement, please discontinue using the Services immediately because by using, or attempting to use the Services, you certify that you are at least 12 years of age or other required greater age for certain features and meet any other eligibility and residency requirements of the Services. If you are between the ages of 12 and 17, you represent that your legal guardian has reviewed and agreed to this Agreement and takes full responsibility for your compliance with them.
These terms and conditions regarding your use of the Services do constitute a legally binding agreement between you and ProjectTHISNG. In this Agreement, the term “Service” includes all Website and web pages within the Services as well as any equivalent, mirror, replacement, substitute or backup Website and web pages that are associated with the Services. By using these Services, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and services, which will be presented by ProjectTHISNG in conjunction with those products and services (“Additional Terms”), including, but not limited to, ProjectTHISNG Confidentiality Policy, Playtesting agreements, non-disclosure agreements, end user license agreements accompanying a ProjectTHISNG game, Rules (as defined below), and the User Content Submission Agreement which governs your submission of User Content (as such term is defined therein) for the Services. The Services may also provide rules of participation (“Rules”) for certain activities and services including, but not limited to, contests and sweepstakes, award programs, and gaming services.
ProjectTHISNG does not guarantee that any Services will be available at any given time or that it will continue to offer any Services for any particular length of time. Not all features, products or Services offered are available to all persons. ProjectTHISNG reserves the right to limit, at its sole discretion, the provision and quantity of any Service to any person in any location. Any Service is void where such Service is prohibited. ProjectTHISNG reserves the right to change and update the Services without notice to you, including the right to refuse or limit your request to acquire Services from us if at any time we feel it is in the best interests of either party. You are solely responsible for complying with applicable laws with respect to the Services you use. This is the entire and exclusive Agreement between you and us regarding the use of the Services and it cannot be modified, except as specifically described below in Section 2.
your contractual relationship with us, which can be on various different packages and terms, as follows:
The Booking of Hours for a regular Period. Please note a session booking must consist of a minimum of 5 consecutive sessions, 1 week Morning or Afternoon, Evening, Midnight, Dawn or sessions that run concurrently or regular, I.e 10 Monday Morning Sessions either half morning/Full Mornings, etc, . Under 5 Session bookings are deemed a regular casual booking.
ProjectTHISNG fees raised for changing membership terms or arising out of any breach of the terms as set out on our website.
ProjectTHISNG Membership Rules:
The rules governing your conduct as set out on our website at
You must provide truthful and accurate information, and update such information to keep it true, accurate, current and complete. You may not select the name of another person, any third party’s trademark, copyright or other intellectual property infringement, any name that could mislead others to believe you to be an employee or agent of ProjectTHISNG or any name that ProjectTHISNG deems in it is sole discretion to be vulgar, offensive, or otherwise violates this Agreement. You may also be required to register an account with the digital distribution platform or social networking service through which you seek to connect to or access a Service.
You may terminate your membership at any point by cancelling your direct debit with your bank, allowing 3 to 4 working days for the bank to action this. Please call Member Services for options available to you or for any further information.
In the above circumstances, your membership will remain in force until the day before your next payment is due, at which point it will automatically terminate. If you have purchased a Fixed Term membership you will be entitled to 50% of the pro-rotated amount minus the joining fee and the usual administration fee as the refund for any unused membership.
You shall be entitled to cancel your daily membership the earlier of: (1) 12 days after the date of purchase; or (2) the day before the date on which you selected your daily membership to activate. If you cancel during this period you will receive a full refund, minus the nominal administration fee. After this period the daily membership fee is not refundable.
Other Fees do apply with regards ProjectTHISNG, see Administration charges and Key Loss
Your KEY / PIN number / Access Device is issued solely for your use, as your membership is personal to you and only covers your use of ProjectTHISNG facilities. You are responsible for keeping your KEY / PIN number / Access Device secure and confidential at all times. The KEY / PIN number / Access Device remains our property at all times (unless agreed otherwise and evidenced in writing and signed by Director of Facilities Gary Powell).
In the interests of the safety and security of all our members, use of PIN numbers and access is monitored and individuals using PIN numbers / Access Devices may be asked to provide proof of identification.
Should ProjectTHISNG believe that your KEY / PIN number / Access Device has been used by another individual or individuals outside of a Booking time and not part of a designated Key/PIN/Access Holder account we may (will) (at our discretion) decide to conduct an investigation. Should we do so we will:
If you unreasonably refuse to cooperate with our investigation or following our investigation we have reasonable grounds to believe that your PIN number was used, with or without your knowledge and/or consent, by another individual or individuals, depending on the particular circumstances of each case, we reserve the right to take one or both of the following steps, which are in addition to any other legal rights that we may have : (a) to apply a penalty charge to your membership fees (and increase your direct debit payment(s) accordingly). The penalty charge will be calculated as being equal to the daily membership charge (that applied at the time of use) for each occasion on which your PIN number was used by that individual/those individuals; and/or (b) in the event of serious misuse of your PIN number, for example, your PIN number has been used on repeated occasions and/or by more than one individual, to notify you, via email, that we are cancelling your membership with immediate effect, and no refunds will be given.
If we have reasonable grounds for believing that you knowingly provided your KEY / PIN number / Access Device to another individual or individuals, or allowed unauthorised entry following your entry to ProjectTHISNG (Known as tailgating) in addition to our rights referred to, we may hold you responsible for the conduct of the individual’s) while on our premises, and liable for any loss we suffer as a consequence of that conduct. This does apply to Guests who are self-employed to ProjectTHISNG’s and are subject to the Terms and Conditions and Facility Site Rules.
The device, key-fob, or any other relevant security hardware device with built-in authentication equipment, issued or otherwise provided to you by (us) ProjectTHISNG or our legal representative to enable you to securely access the relevant facilities in accordance with the terms of your membership and Terms and Conditions. Only one device can be registered to an account at any time if you lose or misplace the device you need to contact member services to remove the device immediately.
The key issued or otherwise provided to you by (us) ProjectTHISNG or our legal representative to enable you to securely access the relevant facilities in accordance with the terms of your membership and Terms and Conditions. Only one KEY can be registered to an account at any time if you lose or misplace the Key you need to contact member services to resolve the situation immediately. Lost Keys are subject to both penalty costs and possible fee’s to replace the relevant Locks.
In the interests of the safety and security of all our members, the KEY numbers and access are monitored and individuals using KEYS may be asked to provide proof of identification.
Each key issued is for the exclusive use by the individual designated on the membership application form. Keys remain the property of ProjectTHISNG and CANNOT be reproduced or provided to any other individual for their use at any time, including temporary or emergency purposes (without Email proof from Gary Powell). Employees who violate this policy or who reproduce keys or allow them to be reproduced without authorization will be subject to disciplinary action and/or possible termination of membership. Key control is vital to ProjectTHISNG, the Site and its members safety and security! If ProjectTHISNG determines a key was illegally reproduced or given to an unauthorized individual jeopardizing ProjectTHISNG, facilities or security and requiring locks to be rekeyed, the individual(s) involved will be held responsible for the cost of any lock replacements, and the costs of missing/stolen/damaged equipment. And or Possible civil action and cost recovery including the use of debt collectors and civil courts.
Any individual who loses ProjectTHISNG’s membership venue key or has them stolen due to negligence, as determined by the appropriate Committee members, Member/s of the Investigation or Director of Facilities Gary Powell, of ProjectTHISNG’, will be assessed the following charge for EACH key:
No Keys will not be reissued to the individual until all charges have been paid and a written statement is submitted to the Director of Facilities and Management by the respective staff member/Committee member/s. Estimated charges will be provided by the Director of Facilities and/or Management when the request is made to have locks changed or replaced.
ProjectTHISNG grants Member/s a right to occupy and use the Facilities in accordance with the terms of the Agreement for the sole purpose of using facilities. Member/s may not use the Facilities for another purpose. The Member/s is granted a licence to use the Facilities (subject to the terms and conditions which follow) and nothing in this Agreement or in the relationship of ProjectTHISNG and the Member/s shall be taken as creating a tenancy or the relationship of landlord and tenant. The Member/s hereby acknowledges and expressly agrees that nothing in the Agreement shall be construed so as to create any legal or proprietary interest in ProjectTHISNG. ProjectTHISNG shall not for any purpose whatsoever act as a warehouse keeper, guardian or custodian of the Facilities or of the Goods that members use in their allotted time slots. By entering into the Agreement, Member/s warrants having sole legal and beneficial title to the Goods and accepts any and all liability in connection with the Goods. The Member/s indemnifies and will ProjectTHISNG hold harmless against any claim or cost or any action or proceeding in connection with the Goods from any third party, including disputes in connection with the ownership or rights to possession.
If you have a physical disability and require assistance from a carer to use the ProjectTHISNG Venue and site Facilities, your carer may have free access to the Venue and free use of the ProjectTHISNG Venue and site Facilities available under your Membership when supporting your use of the ProjectTHISNG Venue and site Facilities only and subject to the carer completing certain conditions as required by ProjectTHISNG from time to time. Carers are expected to supervise the member and seek assistance where required when using the ProjectTHISNG Venue and site Facilities. Please discuss your requirements with the Director of Facilities. The carer is not permitted to use the ProjectTHISNG Venue and site Facilities without the member being present.
The contents of these Services, including all Service components including but not limited to Cards, board pieces, models, dice, rule sets both physical and electronic, software, technology, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, “Material”), are the property of ProjectTHISNG, and entities under its control, controlling ProjectTHISNG or under common control with ProjectTHISNG (its “Staff or Designated Representatives”), and any of their successors and assigns, and any of their respective licensors, Advertisers (as defined below), suppliers, and operational service providers and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Product names are trademarks or registered trademarks of their respective owners. Unless the context clearly requires otherwise or we explicitly say so in writing, the term “Service” includes “Material” as well. You may only use the Services for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You may not alter, delete or conceal any copyright or other notices contained on the Services, including notices on any Material you download, transmit, display, print or reproduce from the Services. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, republish, edit, distribute, disseminate, broadcast, photograph or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Services without the express prior written consent of ProjectTHISNG or its owner if ProjectTHISNG is not the owner. Any unauthorized or prohibited use of any Services may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. On notice, we will act expeditiously to remove content on the Services that infringes the copyright rights of others and will disable the access to the Services and its services to anyone who uses them repeatedly to infringe the intellectual property rights of others. ProjectTHISNG reserves title to the Services and all rights to any Services not specifically granted under this Agreement. The Services are licensed, not sold, to you.
The contents of these Services, including all Service components including but not limited to Cards, board pieces, models, dice, rule sets both physical and electronic, software, technology, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, “Material”), are the property of their Respective Owners, and entities under its control, controlling Respective Owners or under common control with the Respective Owners (its “Staff or Designated Representatives”), and any of their successors and assigns, and any of their respective licensors, Advertisers (as defined below), suppliers, and operational service providers and are legally protected, without limitation, under U.K, E.U, and U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Product names are trademarks or registered trademarks of their respective owners. Unless the context clearly requires otherwise or we explicitly say so in writing, the term “Service” includes “Material” as well.
You may only use the Services for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You may not alter, delete or conceal any copyright or other notices contained on the Services, including notices on any Material you download, transmit, display, print or reproduce from the Services. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, republish, edit, distribute, disseminate, broadcast, photograph or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Services without the express prior written consent of the Respective Owners or its legal owner if you, not the owner. Any unauthorized or prohibited use of any Services may subject you to civil liability, criminal prosecution, or both, under applicable UK Criminal, Civil, E.U Criminal, Federal, or USA federal, state and local laws. On notice, we will act expeditiously to remove content on the Services that infringes the copyright rights of others and will disable the access to the Services and its services to anyone who uses them repeatedly to infringe the intellectual property rights of others. the Respective Owners reserves title to the Services and all rights to any Services not specifically granted under this Agreement. The Services are licensed, not sold, to you
We take the protection of copyrights, both our own and others, very seriously. We, therefore, employ multiple measures to prevent copyright infringement over these Services and to promptly end any infringement that might occur. If you believe that the Services contain elements that infringe your copyrights in your work, please follow the all relevant procedures set forth and contact Gary Powell at Gary.Powell@ProjectTHISNG.org.uk ProjectTHISNG reserves the right to make use at times of our discretion material you may make in order to best advertise and detail our services, this will be done within the grounds of fair use and under all terms and agreements, as those using the site and will not in any way deliberately feature or make use of material under relevant NDA’s or other legal or unreleased licences.
From time to time, you may communicate with, receive communications from, or be
redirected to, interact with, or participate in the distribution of information services from us or from, third parties (collectively, the “Advertisers”) such as our advertisers, sponsors, or promotional partners as a result of your use of the Services. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
Your use of the Services is subject to all applicable UK local, and national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your Name, booking, username or password. You shall not use, allow, enable or encourage others to use the Services, or knowingly condone use of these Services by others, in any manner that is, attempts to, or is likely to:
Unless otherwise specified, ProjectTHISNG has no obligation to monitor or record any online activity on the Services. ProjectTHISNG reserves the right to, but is not obligated to, monitor communications within, through or across the Services, and access and/or record physical or online activity on the Services. You give ProjectTHISNG your express consent to access and record your activities on the Services and be used in a way that.
You further agree not to access, create, or provide any other means through which the Services, including, may be used or accessed by others, such as through websites or physical or digital mediums to which initiate, or engage in actions that impose an a policy that encourages negative or abusive attitudes to ProjectTHISNG or any competitor.
ProjectTHISNG may provide you with the opportunity to register for special promotions, services, news, programming and information delivered by wireless Devices such as mobile phones, tablets and other electronic devices. You are required to provide your consent to receive such information from ProjectTHISNG, either by registering on these Services or via your wireless Device. Such services and promotional opportunities may be provided by ProjectTHISNG.
You acknowledge, understand and agree that you will be charged by your wireless carrier for all messages sent to you from ProjectTHISNG. Standard messaging rates may apply unless noted otherwise. Under no circumstances will ProjectTHISNG, or any Staff or Designated Representatives be responsible for any wireless email or text messaging charges incurred by you or by a person that has access to your wireless device, telephone number, or email address.
You understand, acknowledge and agree that ProjectTHISNG may, at its sole discretion and without liability to you, terminate its offer of any specific wireless marketing service or all wireless marketing services at any time without advance notice. ProjectTHISNG may provide notice of terminations or changes in services on these Services.
Your comments, suggestions and information are very important to us. Portions of these Services may provide you and other users an opportunity to participate in forum services, blogs, web communities and other message and communication facilities (“Communities”) and may provide you with the opportunity, through such Communities or otherwise, to submit, post, display, transmit and/or exchange (a) information, ideas, opinions, messages or other information (“Post” or “Postings”) and (b) User Content (as defined in the User Content Submission Agreement), your submission of which is also governed by the terms and conditions therein, and considered a Posting for purposes of this Agreement. You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you are solely and entirely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available via the Services. Postings do not reflect the views of the Services, ProjectTHISNG, or our Staff. We reserve the right to monitor, edit or screen any Postings. If we determine, in our sole discretion and judgement, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to; (a) refuse to support your Post;(b) request a Posts removed, remove and delete Postings; (c) revoke your right to use the Playtesting, facilities, or Services; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Services and notification to all relevant authorities of your removal from the relevant services.
If a Posting originates from you or your account, you hereby:
Grant the Services, ProjectTHISNG, and its Staff or Designated Representatives a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Posting in whole or in part, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together with or as part of other information, content and/or material of any kind or nature;
(i) you have the legal right to upload the Posting to ProjectTHISNG and the Posting is original to You and/or fully cleared for use as contemplated herein,
(ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement,
(iii) the Posting does not contain libellous, tortuous, or otherwise unlawful information, infringe or violate any copyright or other rights, or contain any matter the publication or sale of which will violate any federal or state statute or regulation,
(iv) the Posting is not obscene or in any other manner unlawful,
(v) the Posting shall not be injurious to the health of any user, and
(vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; and (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that (i) you have the right to grant the Services, ProjectTHISNG, and its Staff or Designated Representatives the right to use all such Postings as described above, (ii) the Posting was produced in compliance with all applicable laws and regulations and (iii) for any User Content Posting that contains original videos, you will comply with any applicable identification verification and record-keeping requirements, and you will secure and maintain the requisite personal information and identification documentation for all individuals who appear in any such original videos, as may be required by law and/or otherwise requested or required by us in connection with our corporate compliance policies and practices, which includes (y) the individual’s full legal name, current address, date of birth and (z) a legible photocopy of a valid government-issued identification document (e.g., a U.K. passport, state driver’s license or valid photo ID card) to verify the individual’s identity. With the submission of each such Posting, ProjectTHISNG, and its Staff or Designated Representatives reserve the right to request that you, and upon such request you must, deliver a full and complete set of such identification verification records to us, as well as a legible photocopy of your valid driver’s license, passport or other acceptable government-issued photo identification for our verification and record-keeping purposes. In addition, you specifically acknowledge and agree to abide by our policies regarding governmental certification procedures relating to the foregoing identification verification and record-keeping procedures and, if applicable, you will promptly comply with any specific requests or directions we give you in connection with Postings you submit that may be subject to these requirements.
You understand, acknowledge and agree that we have the right to delete, re-format and/or change your Postings in any manner that we may determine (although you will not be responsible for any such changes made). You understand, acknowledge and agree that we assume no responsibility for the deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings. Posting is for non-commercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity. Unless it is in relation to pushing commercial gains of both the Services and the Hosting Business of which contains for assists with such Services. (For example but not limited to Physical locational Game Stores which both hold stock of our Services and Sell such Services.)
If you believe that any content on the Services (including, without limitation, Postings) violates any of the terms of this Agreement, please email us at Service.Team@ProjectTHISNG.org.uk
We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
From time to time, ProjectTHISNG, the Staff or Designated Representatives’ or the Services’ operational service providers, suppliers, and Advertisers, may conduct promotions on or through the Services, including, without limitation, auctions, contests and sweepstakes, Campaigns, (“Promotions”). Each Promotion will have Additional Terms and/or Rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.
In our sole discretion, ProjectTHISNG or one of the persons, groups, organisations or individuals who has booked the faculties may contact you to review, evaluate and/or playtest one or more Services, aspects of Services or online features prior to commercial release for the purpose of identifying errors, rule issues, layout and art, and obtaining feedback, Site management, community feedback, hardware use and placement. You will be asked to provide ProjectTHISNG with feedback (Via our Feedback Form) regarding your evaluation of such Services. Your participation in such testing is subject to this Agreement and other applicable Additional Terms, such as a Play Test agreement and non-disclosure agreement, and Director of Facilities and/or Site Manager. By accepting our invitation and testing a Service, you agree that (a) playing an unreleased Service is at your own risk and you understand that the Service may include known or unknown issues, (b) any value or status indicators you achieve through such testing may be erased at any time, including upon commercial release, and (c) ProjectTHISNG or one of the persons, groups, organisations or individuals (Booking holder) who has booked the faculties has no obligation to make the Service available to you or fix errors or rule issues, or perceived problems identified by you.
THESE SERVICES, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, ACCURATE UNINTERRUPTED, FREE OF VIRUSES OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Services, including, without limitation, Postings and Materials associated with your use of the Services. You agree that ProjectTHISNG will not be liable for any interruption of Services, delay or failure to perform, any loss of Materials, and/or account data resulting from any causes whatsoever.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THESE SERVICES, ProjectTHISNG, ANY OF ITS Staff or Designated Representatives, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICES OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have ProjectTHISNG, upon written notice from you to us, attempt to repair, correct or replace any deficient goods or services under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable for the ProjectTHISNG, to refund any monies actually paid by you for the Products involved and to terminate and discontinue your use of the Services. You further understand and acknowledge the capacity of the Services, in the aggregate and for each user, is limited. Consequently, some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or become completely outdated. As a result, you acknowledge and agree that ProjectTHISNG assumes no liability, responsibility Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies; accordingly, some of the exclusions and limitations described in this Agreement may not apply to you.
You agree to indemnify, defend and hold the Services, ProjectTHISNG and any of its Staff or Designated Representatives, or any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable Solicitor’s fees), resulting from your use of the Services, any breach or violation of this Agreement by you, or your Postings or other contributions.
ProjectTHISNG reserves the right to assume, at its sole expense, the exclusive defence and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with ProjectTHISNG in the defence of any such claim, action, settlement or compromise negotiations, as requested by ProjectTHISNG.
A person who is not a party to the Contract shall not have any rights to enforce its terms.
If we fail to insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
ProjectTHISNG Contracts and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the laws of England and Wales, and the EU. Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
We make no representation that information on this website or with our Services is appropriate or available for use outside the UK, or EU, including but not limited to GDPR Policies and practices. Those who choose to access the Services from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.
While we welcome your feedback, ideas, and suggestions, it is important for you to agree to and to be aware of the following assignment and restrictions. If you send us feedback, ideas, or suggestions (collectively, “unsolicited ideas”), you agree that: (A) your unsolicited ideas become the property of ProjectTHISNG and you are not owed any compensation in exchange; (B) none of the unsolicited ideas contain confidential or proprietary information of any third party; (C) ProjectTHISNG may use or redistribute unsolicited ideas for any purpose and in any way; (D) there is no obligation for ProjectTHISNG to review your unsolicited ideas; and (E) ProjectTHISNG has no obligation to keep any unsolicited ideas confidential. (F) If ProjectTHISNG does decide to Pursue your feedback, ideas, and suggestions it will be at the discretion of ProjectTHISNG and on a timeline that is suitable for the business.
This Agreement and your use of the Services are governed by, construed and enforced in accordance with the internal substantive laws of the United Kingdom, England and the EU, USA (notwithstanding a Countries conflict of laws provisions) applicable to contracts made, executed and wholly performed in the United Kingdom, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the High Courts situated in the United Kingdom and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conventions or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
Any forbearance, facility or waiver of the terms and conditions set forth herein, regardless of the frequency and duration, shall in no way be construed as an amendment or deletion of the terms or granting of a right, as either Party may cancel it at any time.
If one or more of the provisions of these Conditions is held as invalid or declared void in accordance with a law, regulation or following the final decision of a competent court, this shall not affect the force and scope of the other provisions.
In any case, the Parties agree to replace the term declared null and void with one that is as close as possible in content to the term initially adopted and the will of the Parties.
In the event of a difference between the interpretation of one of the titles and provisions of the titles that it represents, they will be declared non-existent
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