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Terms of Service

This Web site ("www.ropeyladder.com") is offered to you, the user, conditioned on your acceptance without modification of these Terms of Service. Your use of this Web site constitutes your agreement to the Terms of Service.

MEMBERSHIP

Some areas of The Ropey Ladder are accessible to members only.

Membership may not be assigned or transferred to any other person or entity. Members must promptly inform The Ropey Ladder of the following: changes in the expiration date of any credit card used in connection with the Service; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorised disclosure or use of a username or password. Until The Ropey Ladder is notified, by e-mail at security@ropeyladder.com of a breach in security, the Member will remain liable for any unauthorised use of www.ropeyladder.com.

Membership of the Ropey Ladder may be terminated at any time, and without cause, by either the Ropey Ladder or the Member upon notification of the other by electronic or conventional mail. When a member requests termination, members are liable for charges incurred by them until termination of membership.

Members are responsible for providing all personal computer and communications equipment necessary to gain access to ropeyladder.com. Access to and use of ropeyladder.com is through a combination of a username and a password. Each Member must keep their username and password strictly confidential. For security reasons, the Ropey Ladder will not release passwords for any reason, except as may be specifically required by law or court order. Unauthorised access to the Service is a breach of this Agreement and a violation of law.

Any liability of the Ropey Ladder including without limitation any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of records, whether for breach of contract, tortuous behaviour, negligence, or under any other cause or action, shall be strictly limited to the amount paid by or on behalf of the member to the Ropey Ladder for the preceding 12 months.

PERSONAL AND NONCOMMERCIAL USE LIMITATION

The Ropey Ladder is for your personal and non-commercial use. You may not copy, modify, distribute, display, perform, create derivative works from, transfer or sell any information, software, products or services obtained from ropeyladder.com whether printed, visual, audio, radio, electronic, email forwarding, TV, satellite, digital transmission, scanned, website re-cycled or any other form of material except where expressly noted that the material is available for such purpose.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this Web site, you warrant to The Ropey Ladder that you will not use this Web site for any purpose that is unlawful or prohibited by these Terms of Service.

PUBLIC CONTENT POSTED TO THE ROPEY LADDER

This Web site contains, or may contain in the future, bulletin boards, chat rooms and other message or communication facilities (collectively, "Forums"), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you will not:

a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

b) Publish, post, distribute, or disseminate any defamatory, infringing, obscene, foul language, swearing, indecent or unlawful material or information.

c) Harm minors in any way.

d) Impersonate any person or entity, including, but not limited to, a Ropey Ladder official, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.

e) Upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

f) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.

g) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

h) Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.

i) Falsify the origin or source of software or other material contained in a file that is uploaded.

j) Except to the extent expressly allowed, advertise, or offer to buy or sell any goods or services, or conduct or forward surveys, contests or chain letters. In no event may you use any such Forum to advertise or sell any goods or services, which you are in the business of advertising or selling.

k) Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.

You acknowledge that all Forums are public and not private communications and the Ropey Ladder has the right to monitor all communications on the platform. Further, you acknowledge that the Ropey Ladder does not endorse chats, postings, conferences, and other communications by other users, and such communications shall not be considered reviewed, screened, or approved by the Ropey Ladder. The Ropey Ladder reserves the right for any reason to remove without notice any contents of the Forums received from users, including without limitation bulletin board postings, articles, weblogs, challenge comments, user profiles, ladder welcome text and private messages. The Ropey Ladder reserves the right to deny in its sole discretion any user access to ropeyladder.com Forums without notice.

The Ropey Ladder gives no warranty or guarantee on the information provided by the member.

The Ropey Ladder is not liable for any misrepresentation of a member

SOFTWARE AVAILABLE ON THIS WEB SITE

Software (if any) that is made available to download from ropeyladder.com ("Software") is the copyrighted work of the Ropey Ladder and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a License Agreement, the Ropey Ladder hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using this Web site in accordance with these terms and conditions, and for no other purpose. Please note that all Software, including without limitation all HTML code and Active X controls contained in this Web site, is owned by the Ropey Ladder and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United Kingdom. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to United Kingdom export restrictions.

LINKS TO THIRD PARTY SITES

This Web site may contain hyperlinks to Web sites operated by parties other than the Ropey Ladder. Such hyperlinks are provided for your reference only. The Ropey Ladder does not control such Web sites and is not responsible for their contents. The Ropey Ladder's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.

SERVICE CONTACT

Consult all help documentation and FAQs for help with any problems you have in using this Web site.  If your question cannot be answered, contact support@ropeyladder.com.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of this Web site are: Copyright 2004 White October Ltd. and/or its suppliers, White October Limited, 49 High St, Crickhowell, Powys, NP8 1BH, UK. All rights reserved.

The Ropey Ladder, White October, and other names of the Ropey Ladder products and/or services referenced herein are trademarks or registered trademarks of the Ropey Ladder. Other product and company names mentioned herein may be the trademarks of their respective owners.

MODIFICATION OF THESE TERMS AND CONDITIONS

The Ropey Ladder reserves the right to change the terms, conditions and notices under which this Web site is offered without notice.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE ROPEY LADDER AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME.

THE ROPEY LADDER AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED OR OBTAINED THROUGH THIS WEB SITE FOR ANY PURPOSE, OR THE RESULTS THAT MAY BE OBTAINED FROM USING THE SITE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE ROPEY LADDER AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE ROPEY LADDER AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE ROPEY LADDER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

GENERAL

This agreement is governed by the laws of the United Kingdom. You hereby consent to the exclusive jurisdiction and venue of courts in the United Kingdom in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture; partnership, employment, or agency relationship exists between you and The Ropey Ladder as a result of this agreement or use of this Web site.

The Ropey Ladder's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Ropey Ladder's right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by the Ropey Ladder with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

This agreement constitutes the entire agreement between the user and the Ropey Ladder with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and the Ropey Ladder with respect to this Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Fictitious names of companies, products, people, characters and/or data that may be used herein are not intended to represent any real individual, company, product or event.

Any rights not expressly granted herein are reserved.

2004 White October Ltd. All rights reserved.
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