Terms and Conditions: NBS Web Courier service

The following statement sets out the Terms and Conditions ("T & Cs") for using the RIBA Enterprises’ (RIBAE) NBS Web Courier transmission services ("Services"). By clicking, accessing or using the Services, you are indicating that you agree to be bound by these T & Cs.

You also acknowledge and agree that RIBAE may revise these T & Cs from time to time and that by continuing to access or use the Services after RIBAE has made any such revision, you agree to be bound by the revised T & Cs.

Description of Services

The Services provide a user the ability to send a file (a "User File") to one or more recipients identified by a valid email address. The Services operate by storing the specified User File on a RIBAE server and then sending to the recipient(s) an email that contains a link to the User File, or by other notification via another NBS product. . The recipient(s) is then able to access and download the User File by clicking on the link provided or download it from within the NBS software. You acknowledge and agree that RIBAE may establish general practices and policies concerning use of the Services, including, without limitation, the maximum size of the file that a user may store and send through the Services, the maximum number of days that a file will be stored by the Services, the maximum number of times a user may access the Services in a given period of time, and the maximum number of recipients to which a user may send a file.

Payment

The Services is free of charge and its use is on the express condition that these T & Cs are complied with. Only subscribers to NBS Perspective Professional are able to upload files using the Services.

However, RIBAE reserves the right to alter, depart from or to cease offering the Services free of charge at any time. RIBAE will give reasonable notice to you by email if RIBAE is to charge you for the Services. You may then decide if you wish to continue to use the Services but continued use of the Services after this or any future change to the fee basis has been notified to you will be considered acceptance of any change.

Responsibility for Data

You have sole responsibility for all User Files that you store on RIBAE servers through use of the Services. You also acknowledge and agree that RIBAE will not be responsible for any failure of the Services to store a User File, for the deletion of a User File stored on the Services, or for the corruption of or loss of any data, information or content contained in a User File. You also acknowledge that you take responsibility for any consequences of downloading files sent to you via the Services, this includes but is not limited to virus checking and spyware.

Privacy Policy

These T & Cs incorporate the terms of RIBAE’s Privacy Policy which can be found in the general Terms & Conditions.

Copyright Policy

RIBAE absolutely forbids you to use the Services to transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise infringes or promotes the infringement of the intellectual property rights of any third party. RIBAE will terminate, where appropriate, the accounts of users who infringe or are believed to be infringing the rights of copyright holders.

Proprietary Rights

All rights, title, and interest in and to the Services are and will remain the exclusive property of RIBAE and its licensors. Except as expressly permitted in these T & Cs you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Services.

Trademarks

RIBAE and NBS, the RIBAE and NBS logos, and all other RIBAE and NBS trademarks, product names, and trade names of RIBAE and NBS appearing on the Services are owned by RIBAE. All other trademarks, product names, and logos appearing on the Services are the property of their respective owners. You may not use or display any trademark, product name, trade name, or logo appearing on the Services without the owner's prior written consent.

General Prohibitions

As a condition to your use of the Services, you agree not to:

1. Upload or transmit as part of a User File or otherwise any data, text, graphics, content, or material that:
   • is false or misleading
   • is defamatory
   • invades another's privacy
   • is obscene, pornographic, or offensive
   • promotes bigotry, racism, hatred, or harm against any individual or group
   • infringes another's rights, including any intellectual property rights or
   • infringes, or encourages any conduct that would infringe, any applicable law or regulation or would give rise to civil liability
2. Access, tamper with, or use any non-public areas of the Services or RIBAE’s computer systems or the technical delivery systems of RIBAE’s providers
3. Attempt to probe, scan, or test the vulnerability of the Services or any related system or network or breach any security or authentication measures
4. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services
5. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services
6. Impersonate or misrepresent your affiliation with any person or entity.

RIBAE will have the right to investigate and prosecute infringements of any of the above, including intellectual property rights and security-related issues, to the fullest extent permitted by law. RIBAE may prosecute users who infringe these T & Cs. You acknowledge that RIBAE has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these T & Cs, to comply with the law or government body.

Links

The Services may make available links to third-party websites. You acknowledge and agree that RIBAE is not responsible or liable for:

1. the availability or accuracy of such websites or
2. the content, products, or services on or available from such websites

Links to such websites do not imply any endorsement by RIBAE of such websites or the content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.

Termination

You may terminate your account at any time. Should you infringe any of these T & Cs your permission to use the Services will automatically terminate. RIBAE reserves the right to discontinue providing or to change the Services at any time and without notice. Except to the extent that RIBAE is required by applicable law or court order to retain copies of any of your User Files that are stored on the RIBAE servers, upon any termination of your account RIBAE will delete and erase all User Files associated with your account.

Disclaimer of Warranties

The Services are provided without warranty or condition of any kind, either express or implied. Without limiting the foregoing, RIBAE explicitly disclaims any warranties of merchantability, fitness for purpose or non-infringement. RIBAE makes no warranty that the Services will meet your requirements or will be available on an uninterrupted, secure, or error-free basis. Your use of the Services is at your own risk. You acknowledge and agree that RIBAE will not be responsible for any damage to your computer system or the computer system of any third party that results from use of the Services.

Indemnity

You agree to defend, indemnify, and hold harmless RIBAE, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with your access to or use of the Services, or your infringement of these T & Cs.

Limitation of Liability

In no event will RIBAE be liable to you or to any third party for any incidental, special, consequential or punitive damages arising our of or in connection with these terms of service or from the user or inability to use the services or any user files sent through, stored by or downloaded from the services, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not RIBAE has been informed of the possibility of such damage, even if a remedy set forth herein is found to have failed it's essential purpose.

In no event shall RIBAE’s aggregate liability to you or to any third party for any and all claims arising out of or in connection with the use of the Services exceed the £sterling paid by you to RIBAE for the Services in the calendar month immediately preceding the time the aggregate liability arose. The limitations of damages set forth above are fundamental elements of the basis of the agreement between RIBAE and you.

Severability

In the event that any provision of these T & Cs is held to be invalid or unenforceable, the remaining provisions of these T & Cs shall remain in full force and effect.

Notice

RIBAE may provide you with notices, including those regarding changes to the Services by email or by notices on the Services.

Waiver

The failure of RIBAE to enforce any right or provision of these T & Cs will not be deemed a waiver of such right or provision.

Governing Law

These T & Cs shall be governed and construed in accordance the laws of England.

Entire Agreement

These T & Cs are the entire and exclusive agreement between RIBAE and you regarding the Services, and these T & Cs supercede and replace any prior agreements between RIBAE and you regarding the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other RIBAE services, affiliate services or third-party content software or services.

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