Terms

Please read through these Terms carefully. By accessing the CMoftheYear.com web site at www.cmoftheyear.com ("the Site") or by otherwise accessing any content found on this web site, you are deemed to have entered into an agreement with CMoftheYear.com ("CMOTY") and to have agreed to be bound by the terms set out below. The Site is owned and operated by CMoftheYear.com.

Intellectual Property Protection
Use of CMoftheYear.com Content
Term and Termination
Changes to the Site
Registration, Passwords and Responsibilities
Privacy Policy
Community Forums
No Warranty, Disclaimer of Liability and Indemnity
Force Majeure
Miscellaneous
Governing Law and Jurisdiction

These terms were last updated on 30th August 2006.

1. Intellectual Property Protection

The contents and design of the Site and any material e-mailed to you or otherwise supplied to you in conjunction with the Site (such contents, design and materials being collectively referred to as the "CMOTY Content"), are copyright of CMoftheYear.com. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as "CMOTY" name and logo or other trade names appearing on the Site, or make screen shots of pages) for any reason without written permission from CMoftheYear.com. The software which operates the majority of The Site is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.

2. Use of CMoftheYear.com Content

Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from CMoftheYear.com:

reproduce or store in or transmit to any other web site, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of CMoftheYear.com Content, or
modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of CMoftheYear.com Content (including use as part of any library, archive or similar service) without the prior written consent of CMoftheYear.com,
remove the copyright or trade mark notice from any copies of CMoftheYear.com Content made under these Terms.

Any use of CMoftheYear.com Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to manager@CMoftheYear.com, and may be subject to a fee.

3. Term and Termination

CMoftheYear.com may, in its discretion, terminate or suspend your access to all or part of the Site (including any right to access and use CMoftheYear.com Content) with or without cause by delivering notice to you.

The rights of termination are in addition to all other rights or remedies of CMoftheYear.com provided in these Terms or by law.

4. Changes to the Site

CMoftheYear.com reserves the right, in its discretion, to suspend, change, modify, add or remove portions of CMoftheYear.com Content available on the Site at any time and to restrict the use and accessibility of the Site.

5. Registration, Passwords
and Responsibilities

Certain areas of the Site are only open to you if you register. You are solely responsible for the confidentiality and use of and access to CMoftheYear.com Content and the Site using your user name, sign-on password, and/or I.D. You agree to immediately notify CMoftheYear.com if you become aware of any loss or theft of any sign-on password or I.D. or any unauthorised use of a sign-on password, I.D., user name, or of CMoftheYear.com Content or the Site. You will provide CMoftheYear.com with accurate, complete registration information (including in particular your e-mail address) and inform CMoftheYear.com of any changes to such information. For the purpose of confirming your compliance with the terms of these Terms, CMoftheYear.com reserves the right to monitor and record activity on the Site, including access to CMoftheYear.com Content.

Each registration is for a single user only. You may not share your user name and password with any other person, nor may you share or transfer your subscription. CMoftheYear.com does not permit access through a single name and password being made available to multiple users on a network. CMoftheYear.com may cancel or suspend your access to the Site if you do this without further obligation to you.

6. Privacy Policy

The information that you provide about yourself to CMoftheYear.com will only be used in accordance with CMoftheYear.com’s Privacy Policy Statement.

7. Community Forums

The Site may include forums, bulletin boards, discussion groups and other public areas that allow feedback to CMoftheYear.com and interaction between users and CMoftheYear.com representatives ("Forums"). While CMoftheYear.com does not control the information/materials posted to Forums by users (the "Messages"), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums.

You are solely responsible for the content of your Messages. You must comply with any rules posted by CMoftheYear.com on a Forum. You may not:

post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or "spam";
post, link to or otherwise publish any Messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security:
post, link to or otherwise publish any Messages that are unlawful, threatening, abusive, libellous, indecent, infringe copyright or other rights of third parties or which contain any other form of illegal content;
post or otherwise publish any Messages that contain a virus or other harmful component;
disguise the origin of any Messages;
impersonate any person or entity (including CMoftheYear.com employees or Forum guests or hosts) or misrepresent any affiliation with any person or entity;
post or otherwise publish any Messages unrelated to the Forum or the Forum's topics;
post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment;
collect or store other users' personal data;
restrict or inhibit any other user from using the Forums.

By submitting Messages to any Forum you agree to indemnify and hold harmless CMoftheYear.com from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section 8.

The Forums contain Messages submitted by users over whom CMoftheYear.com has no control. CMoftheYear.com cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forum and should not rely on Messages in making (or refraining from making) any specific investment or other decisions.

By submitting Message to a Forum you are granting CMoftheYear.com perpetual royalty free non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part and in any form. This may include personal information such as your user name and alias and your expressions of opinion. CMoftheYear.com reserves the right to contact you by e-mail with regard to your use of the Forums. You waive any moral rights that you may have in regard to the Messages you submit.

It is not possible for CMoftheYear.com to fully and effectively monitor Messages that are submitted for infringement of third party rights. If you believe that a message infringes your legal rights, you should notify CMoftheYear.com immediately by email to manager@CMoftheYear.com.

8. No Warranty,
Disclaimer of Liability and Indemnity

Every effort is made to ensure that the information provided on this site is accurate and up to date, but no legal responsibility is accepted for any errors, omissions or misleading statements. It is CMoftheYear.com's policy to obtain permission to link to other web sites, and contextual links are provided to such sites where appropriate to CMoftheYear.com. CMoftheYear.com is not responsible for, and cannot guarantee the accuracy of, information on sites that it does not manage.

Whilst every effort has been made to ensure the high quality and accuracy of the Site, CMoftheYear.com makes no warranty, express or implied concerning CMoftheYear.com Content, the Site, software or products or services available through the Site (the "Site Services"), which are provided "as is". CMoftheYear.com expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will CMoftheYear.com be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of personal monies, business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Site Services, even if CMoftheYear.com has been advised of the possibility that such damages may arise. CMoftheYear.com does not guarantee the accuracy, content, or timeliness of the Site Services or that they or related systems are year 2000 compliant or free from viruses or other contaminating or destructive properties.

In no event will any liability of CMoftheYear.com to you (and/or any third party) arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Site Services or breach of these Terms by CMoftheYear.com exceed the amount, if any, paid by you to CMoftheYear.com in respect of the particular Site Service to which the claim relates.

Upon CMoftheYear.com's request, you agree to defend, indemnify and hold harmless CMoftheYear.com from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Site Services.

9. Force Majeure

CMoftheYear.com and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of CMoftheYear.com Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.

10. Miscellaneous

Changes to these Terms. CMoftheYear.com may, in its discretion, change these Terms (including those relating to your use of Site and/or CMoftheYear.com Content). When Terms are changed, CMoftheYear.com will notify you by email or by publishing details of those changes by including them in these Terms. If you use the Site after CMoftheYear.com has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published. Access to certain CMoftheYear.com Content may be subject to additional terms and conditions.

Advertising, Third Party Content and other Web Sites. Parts of the Site may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. CMoftheYear.com is not responsible for any third party content or error, omission or inaccuracy in any advertising material. The Site may contain links to other web sites. CMoftheYear.com is not responsible for the availability of these web sites or their contents.

Assignment of Agreement. This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by CMoftheYear.com.

Non-Waiver. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.

Notices. Notices to CMoftheYear.com must be given in writing by letter and sent to manager@CMoftheYear.com.

Severability/Survival/Statute of Limitations. If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid but rather the Terms will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in London, England, within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.

Whole Agreement. Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.

Headings. Headings in these Terms are for convenience only and have no legal meaning or effect.

11. Governing Law and Jurisdiction

These Terms shall be governed by, and construed in accordance with, English law. The parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.

For the exclusive benefit of CMoftheYear.com, CMoftheYear.com shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.

Privacy

ALL PRIVACY ISSUES ARE UPHELD IN RELATION TO BOTH THE UK Telecommunications (Data Protection and Privacy) Regulations 1999 and the UK Data Protection Act 1998. WE ARE A REGISTERED COMPANY WITH THE UK Data Protection Act 1998. WE ARE COMMITTED TO UPHOLDING YOUR PRIVACY AT ALL TIMES.

1. We will collect limited information about you by analysis of traffic on the Website, including by using cookies.

2. A cookie is a piece of information that is stored on your computer's hard drive by your web browser. On revisiting the Website our computer server may recognise the cookie, giving us information about your last visit. Most browsers accept cookies automatically, but usually you can alter the settings of your browser to prevent automatic acceptance. If you choose not to receive cookies, you may still use most of the features of the Website.

3. We use cookies for recognition purposes at logon through the use of a persistent cookie placed on your hard drive. We also use standard cookies to track activity around the site. This cookie is deleted at the end of each session/visit. We may also use cookies to track any click through from advertising displayed on the site.

4. We use information collected about you to help us (a) develop the design and layout of the Website to ensure that it is as useful and enjoyable as possible and (b) provide the products and services which interest you. Sometimes this information may also be used by us and our associated companies to inform you about changes to the Website, new services and products or offers that you might find interesting. If you do not wish to receive this information, please send an email to manager@cmoftheyear.com

5. In addition, we may provide aggregate statistics about our services, competitions, clients, traffic patterns and other site information to third parties, but these statistics will not include any information that could personally identify you. In the event that your personal details become untrue, inaccurate or incomplete, or in any event, you have the right to access your personal details and may rectify the same.

6. You agree that you do not object to us, our associated companies or such third parties contacting you for any of the above purposes whether by telephone, email, fax or in writing, and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the UK Telecommunications (Data Protection and Privacy) Regulations 1999.

7. We reserve the right to access and disclose individually identifiable information to comply with applicable laws and lawful government requests or requests by the police investigating suspected illegal activities, to operate our systems properly or to protect ourselves or other Users. We also reserve the right to disclose individually identifiable information to third parties if a complaint arises concerning your use of the Website, and that use is deemed by us inconsistent with the Conditions.

8. When you input information or request services from us, we offer appropriate physical, electronic and managerial security measures in order that you may input information safely whilst effectively preventing that information from being accessed by unauthorised persons. In addition, we have strict security procedures covering the storage and disclosure of your information in order to prevent unauthorised access to comply with the UK Data Protection Act 1998. This means that sometimes we may ask for proof of identity before we disclose personal information to you.

9. We welcome your questions and comments about privacy issues and the design of the Website. Should you have such comments or have a complaint about how we are using your personal data, please send an email to manager@cmoftheyear.com