RULES / TERMS OF SERVICE
This is the
user agreement which governs your use of the website www.d-a-l.com (“Website”)
and your use of the services we provide on the website including the forum
and auction pages. The website is owned and operated by D24 Media Limited
trading as D-A-L ("D-A-L", "we", "us") a company
registered in England and Wales with registered number 05548883 and registered
address Westfield House, Bonnetts Lane, Ifield, Crawley, West Sussex,
RH11 0NY. If you do not agree to be bound by this user agreement, you are
not authorised
to access our services. We may update this user agreement from time to
time so please check back here regularly.
A.
GENERAL TERMS
1. Please
take time to read these terms and conditions. We will not allow you to
become a subscriber to the website unless you have confirmed that you
have read and accept these terms
2. You must
choose a User ID and password when registering on the Website as a subscriber.
You are responsible for all actions taken under that User ID and password
and shall only use or utilise the Website using your own User ID and
password. You must use every effort to keep your password safe and should
not disclose it to any other person. You shall not transfer or sell your
User ID to any other person. You shall also not permit, either directly
or indirectly, any other person to utilise your User ID or password.
3. If there
are any changes to the details supplied to us by you it is your responsibility
to inform D-A-L by contacting us as soon as possible.
4. Our Free
Computer Help services are not available to, and may not be used by,
persons
under the age of 13 years. Our Auction services are not available to, and may
not be used by, persons
under the age of 18 years. None of our services should not be used by temporarily
or indefinitely suspended
members. If you do not qualify, please do not use our services.
5. We expressly
disclaim all warranties of any kind, whether express or implied. You
expressly understand and agree that you grant us an irrevocable, perpetual,
worldwide, royalty free licence to use, for any purposes we consider
appropriate, any material of any nature that you contribute to the Website.
6. You expressly
understand and agree that neither we nor Jelsoft Enterprises Limited
(developers of VBulletin) shall be liable under any circumstances to
you whatsoever for any loss or damage of whatever nature suffered by
you in connection with your use of the Forum, although neither party
excludes or limits its liability for death or personal injury resulting
from its negligence or any other liability which we are not permitted
by law to exclude or limit.
7. You agree
to indemnify and hold D24 Media Limited and its employees, agents and
contractors, harmless against all losses, claims, demands and expenses
(including the cost of defending or settling any claim or demand), whether
foreseeable or unforeseeable, suffered or incurred by us arising directly
or indirectly out of your use of the Website.
8. All brand
names and trade marks used on the Website are the trade marks, service
marks or trade names of their respective holders.
B.
FORUM
ALTHOUGH THE
ADMINISTRATORS AND MODERATORS OF D-A-L WILL ATTEMPT TO KEEP ALL OBJECTIONABLE
MESSAGES OFF THIS FORUM, IT IS IMPOSSIBLE FOR US TO REVIEW ALL MESSAGES.
ALL MESSAGES EXPRESS THE VIEWS OF THE AUTHOR, AND NEITHER D24 MEDIA LIMITED,
NOR JELSOFT ENTERPRISES LIMITED. (DEVELOPERS OF VBULLETIN) WILL BE HELD
RESPONSIBLE FOR THE CONTENT OF ANY MESSAGE. YOU AGREE THAT YOU ARE ENTIRELY
RESPONSIBLE FOR ALL CONTENT THAT YOU MAKE AVAILABLE ON THE FORUM.
1. The following
rules are in place to ensure that the Website and in particular the Forum,
continue to be a friendly, safe and helpful resource for everyone. If
you have any questions about these rules please contact us using the
contact button above.
2. Please
read Announcements before posting. Announcements are located at the top
of each forum section.
3. Please
do not contact a moderator, administrator or other member for computer
help directly, either by Private Message or email. You will get a far
quicker and more comprehensive response by posting your question in the
appropriate category on the Forum, as it will be read by all members
and techs.
4. Discussing
P2P file sharing programs such as Kazza and Imesh is fine, however PLEASE
DO NOT ask for any assistance in using, finding or sharing files using
P2P programs. As many of you are aware, these programs can be used to
share copyrighted material which is illegal.
5. Posting
your question more than once creates more work for the administrators
and moderators. Please only post your question once, it will still be
seen and will be dealt with much quicker if you only post it once.
6. Please
do not Hijack other members posts. For example, if you are browsing the
Forum and see a member has posted a question with a problem very similar
to your own, PLEASE DO NOT post in the same thread and say "I have
this problem also! please help!" Instead simply click the new thread
button and ask your question in your own thread. There are a ton of reasons
for this but the main one being that although your problem sounds the
same, it will most likely require a different solution.
7. Please
search the Forum first to see if your question has been asked previously,
it will save both yourself and the D-A-L Techs an awful lot of time!
THIS MAY NOT BE THE CASE with regard to security issues including viruses
and spyware, cases such as these are almost always original in some way,
so please post your own thread and ask for help.
8. D-A-L is
a friendly community so please refrain from being rude or arrogant toward
another members. If you feel you have had a rough deal then report the
post (There's a button on each thread to do this) or contact us, but
remember.... all the people helping out on D-A-L are volunteers, so complaining
because your question hasn't been answered in 5mins is not acceptable
and you will be ignored. All the tech's here are friendly and always
willing to help so if you don't get a response to your query within 24
hours simply post *BUMP* in the reply box on your thread and someone
will hopefully help you out ASAP.
9. ANY posts
which are deemed to be advertising a website or product on the Forum
will be deleted immediately. If you wish to advertise on D-A-L.com please
contact us using the button above. Posting links to other Websites which
are generally offering help or a useful resource is of course no problem.
You may also include links to your own website or a website you like
or find useful in your signature as long as it meets with our link approval.
Just to clarify, a post which says:
“Hi,
Please see http://www.sometechhelpsite.com for help with this.”
…would
be deemed fine. However, a post such as this:
“Hi,
please visit this great site of mine http://www.somespammylink.com“
…would
be deemed advertising. We are always watching! If you want to advertise
a product or service then just contact us and we can see what we can
do. Please note that repeat offenders who advertise on the site will
be banned from the D-A-L.com network.
10. Any advice
deemed to be intentionally harmful will be deleted, an example of this
would be telling someone to delete the Windows directory on there PC
to get rid of a virus. Its useless information and could cause further
grief to the user. SIMPLY, if you can't help someone then ask a Tech
to come along to help out. Anyone seen to be trying to mislead another
member or guests on the Website in a way which may cause grief or harm
to them or there computer, whether intentional or unintentional, may
result in a permanent ban from the D-A-L.com network.
11. The following
is unacceptable behaviour which may lead to you being banned from using
the Website: Please follow the next set of rules VERY CAREFULLY, going
against some of the following rules can result in you being permanently
banned from the D-A-L network.
a) Posting
hacks, cracks or links to any site which promotes or contains illegal
activity or pornographic material.
b) Swearing
or the use of language which is obscene, threatening, sexual, sexist,
libellous, defamatory, or invasive of another person's privacy.
c) Expressions
of hatred towards racial, ethnic, national, religious or other groups
including those pertaining to sexual orientation.
d) Discussions
that encourage, promote or provide information about illegal or criminal
activities (including pornography, explosives, weapons, drugs, programming
viruses, computer hacking and copyright infringement).
e) Posting
material or conducting activities which breach any applicable laws or
regulations (including, but not limited to, laws governing export control,
consumer protection, unfair competition, anti-discrimination, false advertising).
f) Harassing
other subscribers, either privately or in a public forum.
g) Impersonating
a Moderator, Administrator or our staff.
h) Actions
that would disrupt or impair the functioning, stability or security of
the Website.
i) Post anything
on the Website that contains any computer viruses, macro viruses, trojan
horses, worms or anything else designed to interfere with, interrupt
or disrupt the normal operating procedures of a computer or to surreptitiously
intercept, access without authority or expropriate any system, data or
personal information or creates liability for us or causes us to lose
(in whole or in part) the services of our ISPs or other suppliers.
j) Activities
which are defamatory, or in breach of copyright, confidence or infringe
any third party's copyright, patent, trade mark, trade secret or other
proprietary rights or rights of publicity or privacy.
k) Advertisements
or use of the Website for unauthorised commercial purposes.
l) Linking
directly or indirectly to or including descriptions of goods or services
that you do not have a right to link to or include.
m) Promoting
particular stocks or shares, financial services or pyramid schemes.
12. To the
extent that we are notified of or become aware that you have posted content
that is in breach of these terms and conditions we will delete or amend
it and we reserve the right to suspend your subscription to the Website
without notification, temporarily or permanently, and to take any other
action we consider appropriate, including legal action.
13. We reserve
the right to remove, edit, move or close any thread for any reason.
14. You expressly
understand and agree that your use of the Forum (including downloading
of content) is at your sole risk and understand that by using Forum you
may be exposed to content that is offensive, indecent or objectionable.
We make no warranties in respect of, nor do we guarantee the accuracy,
integrity or quality of any content posted on the Website.
15. You may
use extracts from the Forum for your own personal use provided that you
fully acknowledge that this Website is the source of the material. Commercial
use is not permitted unless written permission from D24 Media Limited
is obtained before any such use.
16. The Website
Forum pages are designed for information purposes only and is not engaged
in rendering professional services.
C. AUCTIONS
D-A-L is only
a venue – it is not an auctioneer
1. The D-A-L
auction Website acts as a venue which allows our subscribers to offer,
sell, and buy computer related products to other subscribers. D-A-L does
not review listings offered on the auctions Website by subscribers. It
never possesses the items offered through the Website and we are not
involved in transactions between buyers and sellers. We have no control
over the quality, safety or legality of the items listed, the truth or
accuracy of the listings, the ability of sellers to sell items or the
ability of buyers to pay for items. Do not assume that the offer, sale,
purchase, export or import of any item is valid and legal simply because
it is listed on the auctions Website. We are not responsible for ensuring
that buyers and sellers actually complete a transaction. You accept sole
responsibility for the legality of your actions under laws applying to
you.
2. Our User
ID feedback rating system will also help you to evaluate the subscriber
with whom you are dealing. We encourage you to communicate with potential
trading partners using the tools available on the Website.
3. In the
event that you have any right, claim or action against any other subscriber
arising from their use of the Website, you agree to pursue such right,
claim or action independently of and without recourse to us, and you
release D-A-L (and our parent, subsidiaries, affiliates, officers, directors,
agents and employees) from all claims, liability, damages, losses, costs
and expenses, including legal fees, known and unknown, arising from or
in any way connected with such right, claim or action.
4. We do not
control the information provided by other subscribers which is made available
through the auctions pages of the Website. You may find other subscriber's
information to be offensive, harmful, inaccurate, or deceptive. Please
use caution, common sense, and practice safe trading when using the Website.
Please note that there are also risks of dealing with underage persons
or people acting under false pretences. By using this Website, you agree
to accept such risks and agree that D-A-L is not responsible for the
acts or omissions of subscribers on the Website.
Bidding and
Buying
5. As a buyer,
you have a legal obligation to complete a transaction with a seller:
(a) if you purchase an item through one of our fixed price formats; or
(b) if you are the highest bidder at the end of an auction-style listing
(meeting the applicable minimum bid or reserve requirements and including
any bid that becomes the highest after a valid bid retraction) and your
bid is accepted by the seller, unless the transaction is prohibited by
law or by this user agreement.
6. By bidding
on an item you agree to be bound by the conditions of sale included in
the item's description provided that those conditions of sale. Bids are
not retractable. As buyer, you must ensure that you are legally able
to bid for and buy any item that you bid for.
Listing and
Selling
7. If you
are a seller, you must ensure that you are legally able to sell each
item included in a listing on the Website, and that it is lawful to sell
such item to UK residents or (if the buyer is resident overseas) that
it is lawful to sell and export such items to a person resident in the
buyer's jurisdiction. You must describe your item and all terms of sale
on the listing page of the Website. Your listings may only include text
descriptions, graphics, pictures and other content relevant to the sale
of that item and you are responsible for ensuring that you have the right
to use all content in your listings and we have the right to host it
on our servers.
8. A seller
who receives at least one bid at or above the stated minimum bid price
(or in the case of reserve auctions, at or above the reserve price) must
complete the transaction with the highest bidder on completion of the
listing, unless: (a) the buyer fails to meet the conditions of the seller's
listing (such as payment method); or (b) the seller cannot authenticate
the buyer's identity.
D.
MISCELLANEOUS
1. D-A-L does
not make any warranty that the Website is free from infection by viruses
or anything else that has contaminating or destructive properties.
2. D-A-L does
not accept any liability for any losses or claims arising from any inability
to access the Website, any interruption in the conduct of any auction
nor for any failure to complete a transaction.
3. D-A-L does
not accept liability for any indirect or consequential loss of any kind
in contract, tort or otherwise arising out of the use of the Website
or for any products or services purchased from the Website.
4. Without
limiting any other remedies, we may suspend or terminate your account
if we suspect that you have engaged or are about to engage in, or have
been in any way involved in or linked to, fraudulent activity in connection
with the Website.
5. This user
agreement shall be governed by and construed in accordance with English
law and all parties agree to submit to the exclusive jurisdiction of
the English courts.
6. A person
who is not a party to this User Agreement has no right under the Contracts
(Rights of Third Parties) Act 1999 to enforce any term of this user agreement
but this does not affect any right or remedy of a third party specified
in this user agreement or which exists or is available apart from that
Act.
7. Any member
deemed to be hacking or interfering with the correct operation of this
Website will be reported and banned from the D-A-L network. |