Please read the following Terms carefully. They are legally binding and govern Your access to and use of the Betavine website ("Site") and the products and services offered or available on or via the Site. If You do not agree with these Terms, You should exit the Site now. By continuing to browse or otherwise use the Site You agree to be bound by these Terms.
1.1 The Site is owned and operated by Vodafone Group Services Limited, whose registered office is at Vodafone House, The Connection, Newbury, RG14 2FN, England ("We", "Our" and "Us"). The Content and Services provided on the website will be owned by, Us Our Application Providers or other Users.
1.2 Where We refer to "Terms" We mean these terms, including any future revised versions.
1.3 Where We refer to “Application Providers” We mean entities which are not part of the Vodafone Group and which are providing Content as software or other applications on or via the Site. You may also be an Application Provider.
1.4 Where We refer to "You" in these Terms We mean any visitor to the Site who browses or otherwise uses the Services or the Content on the Site (and "Your" shall be construed accordingly).
1.5 Where We refer to "Content" We mean all data, information, material and other content, including without limitation text, pictures, photographs, software (whether as source code or object code), applications, video, music, sound and graphics which are made available on the Site.
1.6 Where We refer to “Services” We mean all the services and functions available on the Site, including (without limitation) those which allow You to collaborate in projects and use the functionalities relating to project development.
1.7 Where We refer to “Vodafone Group” We mean Vodafone Group Plc and any company or other entity in which Vodafone Group Plc owns (directly or indirectly) more than 15% of the issued share capital.
1.8 Where We refer to “IPR” We mean all intellectual property rights including without limitation any patent, copyright, database right, registered design, trade mark, trade name, logo, service mark, know-how or other industrial or intellectual property right subsisting anywhere in the world and any applications to protect any of the above.
1.9 Where we refer to “Users” we mean visitors to the Site.
2.1 You acknowledge and agree that You are only permitted to browse and use the Site and the Services as expressly set out in these Terms or any other applicable terms published on the Site.
2.2 Your use of the Site is currently free although some Content and Services may be chargeable as indicated on the Site and in any accompanying terms. We reserve the right to charge for access to part or all of the Site in the future, subject to giving You clear notice when entering any part to which charges apply.
2.3 You will need to provide all equipment necessary for You to access the Site, the Content and the Services and You are responsible for paying all charges to which You may be subject. If Your equipment does not support the relevant technology used on the Site or used to provide the Content or the Services including, but not limited to, encryption, You may not be able to use the Site or certain Services or access certain Content on the Site.
2.4 You may not unless expressly permitted (by a separate licence on the Site or otherwise):
2.4.1 copy, remove, modify, interfere with, obscure, reformat, reverse engineer or decompile, transfer or otherwise make available the Services or the Content or any information learned by You whilst using or accessing the Site or any software used to operate the Site or provide the Services (except to the extent expressly permitted by applicable law), or use any automated means to monitor the Site; or
2.4.2 remove, obscure or change any copyright, trade mark or other intellectual property right notices displayed on the Site or displayed on any material copied or printed from the Site.
2.5 Any use of caching, http accelerators such as Harvest, Squid, Netscape proxy or Microsoft Catapult, or similar technology is permitted, however, this means that We cannot guarantee that You are viewing the most up to date version of the Site or any particular web-page or Content.
2.6.We encourage You to establish a link to the Site from Your site provided We are satisfied that the link makes clear that the Content is proprietary to and made available by Us, the Application Providers and other Users and You do nothing to misrepresent such Content or linked material in any way or cause any detriment to Us, the Application Providers or other Users in any way. We reserve the right to withdraw Our permission for a link to the Site for any reason and at any time.
2.7 Subject always to section 3 below, if You provide Us with any feedback on the Content or the Services or if You upload or publish any material or content about any of the Services or Content on any public areas made available on the Site or via the Services, You hereby grant to Us a perpetual, irrevocable, royalty-free, world-wide licence to use, reproduce, transfer, licence, modify, adapt and/or publish any such feedback, material or content provided by You to Us as We see fit. Please retain a copy of all content which You provide to Us, as We cannot guarantee to return it to You.
2.8 Only over 13s may use the Site. If you are between 13 and 18 please ensure that you have parental consent to your activities on the Site.
3.1 If You do send Us feedback or comments about any of the Services or Content We cannot guarantee that We will review it or respond to it. In addition, You acknowledge that You do so on a non-confidential basis and that We do not owe You any duty of confidentiality in relation to Your feedback or comments. You certify that You own all the IPR in Your feedback and comments, and You agree not to assert any ownership right of any kind in Your feedback and comments and You waive the right to receive any financial or other consideration in connection with such feedback and comments. To the extent that such rights exist, You hereby grant to Us a perpetual, irrevocable, royalty-free, world-wide licence to use, reproduce, transfer, license, modify, adapt and/or publish any feedback or comments provided by You to Us as We see fit.
3.2 Please notify Us as soon as possible of any complaint regarding the Content, the Services or the Site by emailing full details to webmaster@betavine.net or using the “Report this Post” button on the relevant webpage. We will respond to the complaint as soon as We can, and will remove or delete any Content that We consider may be offensive, illegal, violate the rights, harm or threaten the safety of any person, or which is in any other way inappropriate.
4.1 You will only use the Site, the Services and the Content in accordance with these Terms (and any other licences specified on the Site) and in an appropriate and lawful manner and, by way of example, You shall not (and shall not authorise or permit any other party to):
4.2 use the Site or the Services to: (a) receive, access or transmit any content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise objectionable or unlawful; or (b) defame, abuse, threaten, harass or otherwise use inappropriate conduct against any other user;
4.3 circumvent user authentication or the security of any host, network or account (referred to as "cracking" or "hacking") nor interfere with service to any user, host or network (referred to as "denial of service attacks") nor copy any pages or register identical keywords with search engines to mislead other users into thinking that they are reading Our legitimate web pages (referred to as "page-jacking"). Users who violate systems or network security may incur criminal or civil liability and We will at Our absolute discretion fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement or relevant authorities;
4.4 use the Site or the Services to advertise or offer to sell any goods or services for any commercial purpose without Our express prior approval;
4.5 restrict or inhibit any other user from using the Site;
4.6 knowingly or recklessly transmit any electronic content (including viruses) through the Site or the Services which shall cause or is likely to cause detriment or harm, in any degree, to computer systems owned by Us or any other person; or make excessive traffic demands, deliver or forward chain letters, "junk mail" or "spam" of any kind, surveys, contests, pyramid schemes or otherwise engage in any other behaviour intended to inhibit other users from using and enjoying the Site, the Services or the Content or which is otherwise likely to damage or destroy Our reputation or the reputation of any third party.
5.1 Our usage of Your personal information is governed by the Site's "Privacy Policy" which forms part of these Terms.
5.2 In order for You to access the Site it may be necessary for Your local service provider to pass your telephone number to Us. By accessing and using the Site, you grant your consent to such transfer. You can withdraw such consent at any time by informing your local service provider.
5.3 We will process your telephone number automatically in order to allow Us to provide the services that You request from the Site, as well as potentially communicating with you about the Site and related promotional activities.
5.4 You agree to provide true, accurate, current and complete information in all fields indicated when registering on the Site. You must notify Us immediately of any changes to Your registration details by amending them within the "My Account" function. Our use of Your personal information which You post on the Site is governed by the "Privacy Policy."
5.5 Your user name must not be obscene, threatening, menacing, racist, offensive, derogatory, defamatory or in violation of any IPR or other rights of any third party. If We consider that Your user name is inappropriate We may prevent Your use of such user name.
5.6 Please be careful when you disclose any personal information on the Site.
6.1 The word or mark “Vodafone” or "Betavine", however represented, included stylised representations, all associated logos and symbols and combinations of the foregoing with another word or mark (“Vodafone Marks”) are Our trade marks or those of one of the Vodafone Group companies. You shall only make fair use of the Vodafone Marks and will not use the Vodafone Marks: (1) as or as part of Your own trade marks; (2) in a manner which is likely to cause confusion; (3) to identify products to which they do not relate; (4) to imply endorsement or otherwise of products or services to which they do not relate; or (5) in any manner which does or may cause damage to Our reputation or the Vodafone Marks.
6.2 All IPR and goodwill in and relating to the Site, the Content and the Services (including all components developed and produced for the Site or otherwise used to provide the Content and the Services including the operating software, format, art direction, look and feel and content) shall be owned by Us or otherwise licensed to Us by the Application Providers, third party contributors, advertisers, creative partners or any other third parties. Except as expressly permitted in these Terms or any other licences specified on the Site, Your use of the IPR displayed on the Site or contained in the Content or made available via the Services is prohibited.
6.3 All rights are expressly reserved and nothing in these Terms and nothing on the Site or in the Services shall confer any licence or other transfer of rights to You whether by estoppel, implication or otherwise unless expressly stated otherwise on the Site.
7.1 This section 7 sets out the specific terms upon which You can submit applications (and associated materials) to the Site for hosting. In this section 7:
7.1.1 Where We refer to “Licence” We mean the licence governing usage, modification or other interaction with each of Your Submissions;
7.1.2 Where We refer to “Required Materials” We mean all source code, installation files or other such materials, components and code which We are required to make available, distribute or otherwise offer for download to Users or otherwise as a result of hosting each of Your Submissions; and
7.1.3 Where We refer to “Submissions” We mean the code (whether object or source) which You submit to Us for inclusion on the Site, together with any Required Materials.
7.2 Your Submissions must contain such IPR attribution and notices as are required, and You shall be responsible for the accuracy of such attribution and notices.
7.3 You permit Us to offer Your Submissions on the Site for download by Users. The User's will download Your submission under the terms of the Licence. By default, a Site template licence will be selected – however, We do not mandate Your choice of Licence. You are welcome to select a Licence (or different Licences) of Your choice, provided that your Licence(s) makes no reference to Us nor provides any form of guarantee, warranty or other commitment from Us (or on Our behalf) without Our prior written consent.
7.4 You shall conduct industry-standard virus scanning of Your Submissions immediately prior to providing it to Us.
7.5 You shall provide the details of a representative who will be Our first point of contact for any issues relating to Your Submissions.
7.6 The Site allows the contribution of code which is under development or otherwise unfinished. However, in the event that any of Your Submissions have any errors or faults (including, without limitation, any viruses) We may remove such Submissions from the Site and You shall do all You can to correct such issue(s). We reserve the right to terminate Your account and bar You from using the Site if We consider that you have acted in bad faith in Your provision of any Submission.
7.7 You confirm that all of Your Submissions have been produced in a professional and workmanlike manner, with reasonable skill and care and in accordance with best industry practice.
7.8 You confirm that none of Your Submissions will contain, produce or render any content that is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence or otherwise objectionable or unlawful.
7.9 You confirm that: (a) You have the right to provide all of Your Submissions to Us and allow them to be hosted on the Site in accordance with these Terms; and (b) Your Submissions do not infringe any IPR.
7.10 You confirm that, in relation to Your Submissions, We are not required to make available, distribute or otherwise offer for download any source code, installation files or other materials, components and code other than those which You have provided as the relevant Required Materials.
7.11 We shall host Your Submissions on the Site in accordance with this section 7.
7.12 We shall provide to You the feedback We receive from End Users through the Site regarding Your Submissions.
7.13 The IPR in Your Submissions themselves shall remain owned by You (or your licensor(s), as appropriate).
7.14 You grant to Us a worldwide, non-exclusive and royalty-free licence to use, operate, copy, host and otherwise deal with Your Submissions for the purpose only of allowing End Users to download Your Submissions from the Site under the relevant Licence(s).
7.15 Any IPR developed or created which arises from or is related to the hosting of Your Submissions by Us (save for rights in Your Submissions themselves) shall, as between You, Your licensor(s) and Us, and as far as permitted by applicable law, be Our absolute legal unencumbered property. In the event that applicable law prevents such ownership by Us, You shall grant (or procure to grant) to Us such rights royalty-free as extensive as possible in such IPR as permitted by applicable law.
7.16 You shall from time to time as requested by Us execute all further documents and take such other action as may be reasonably required in order to vest the rights referred to in section 7.15 in Us.
7.17 You shall indemnify and keep Us indemnified against all liability, loss, damages, claims, proceedings or actions, settlements, costs and expenses (including legal expenses) awarded against or incurred or paid by Us as a result of or in connection with:
7.17.1 Your breach of any of this section 7, any terms implied by law or any warranty given by You in relation to Your Submissions; and
7.17.2any infringement or alleged infringement of any IPR arising out of the hosting of Your Submissions on the Site.
7.18 Vodafone may in its sole discretion permanently remove any of Your Submissions from the Site at any time.
7.19 Vodafone shall remove any of Your Submissions from the Site within a reasonable time of written request from You (an email to webmaster@betavine.net is acceptable)
8.1 The Site forums and blogs provide You and other users with an online facility with which to communicate ideas, thoughts and comments regarding the Content and Services featured on the Site and, in particular, for the purpose of discussing wireless and internet communications applications.
8.2 We reserve the right to remove any “off-topic” posts made by You at any time.
8.3 The forums and blogs are provided ‘as is’ and We assume no responsibility for the timeliness, deletion, incorrect display or failure to store any Content posted to or on the forums and/or blogs. We reserve the right to alter, suspend or discontinue the forums and/or blogs at any time.
8.4 You consent to all Content which You post on the forums and/or blogs being displayed on the forums and blogs as well as being used and retained by Us. You grant Us a perpetual, irrevocable, royalty-free, world-wide licence to reproduce, transfer, license, modify, adapt and/or publish any Content posted by You on the forums and/or blogs.
8.5 You are responsible for all Content which you post on the Site, and you certify that you own all the IPR in Your Content. You indemnify Us against any claim We receive due to Content which You post on the Site and in respect of all losses, damages and expenses suffered or incurred by Us due to Your posting of Content on the Site.
8.6 You read and post Content on the Site entirely at Your own risk. We are not responsible for and do not endorse any Content on the forums and blogs. You understand that by using the forums or blogs You may be exposed to Content that is offensive, indecent or objectionable. We do not generally (and are not required to) monitor or edit the ways in which You or others use the forums or blogs or the Content which is placed on the forums or blogs. However, We reserve the right to edit, bar or remove any Content on or from the forums and blogs at any time as We believe to be necessary in order to prevent any breach of these Terms or any breach of applicable laws or regulations or the Site blogging policy.
8.7 We reserve the right to suspend or terminate Your use of the forums or blogs for any reason at Our sole discretion.
9.1 The Site, the Services and the Content may contain certain "forward-looking statements", within the meaning of the US Private Securities Litigation Reform Act of 1995, with respect to the plans and objectives of the Vodafone Group. By their nature, forward-looking statements are inherently predictive, speculative and involve risk and uncertainty because they relate to events and depend on circumstances that will occur in the future. Please read the sections headed "Cautionary Statement Regarding Forward Looking Statements" and "Risk Factors" in Vodafone Group Plc's most recent Annual Report for a more detailed explanation of forward-looking statements and a list of factors that could cause actual results and developments to differ and a review of the reasons why actual results and developments may differ materially from those expressed or implied by these forward-looking statement.
9.2 Any information contained in the Site on the price at which ordinary shares or American depository shares in Vodafone Group Plc have been bought or sold in the past, or the yield on such shares, should not be relied upon as a guide to future performance.
9.3 Neither an audit nor a review provides assurance on the maintenance and integrity of the Site, including controls used to achieve this, and in particular whether any changes may have occurred to the financial information since first published. These matters are the responsibility of the directors but no control procedures can provide absolute assurance in this area.
9.4 Legislation in the United Kingdom governing the preparation and dissemination of financial information differs from legislation in other jurisdictions.
10.1 We assume no responsibility for and We do not endorse (unless expressly stated), any third party’s website, products or services which may be linked to or which may be made available from the Site, the Services or the Content or any other content or information published on any third party’s website.
10.2 Please note that We cannot be held responsible for and do not actively control, monitor or endorse any information or communication from members of the public which is uploaded to or published on or in any public areas made available on the Site or via the Services.
11.1 Nothing in these Terms shall act to limit or exclude Our liability for death or personal injury resulting from Our negligence, fraud or any other liability, which may not by applicable law be limited or excluded. Your statutory rights are not affected.
11.2 The Site, the Services and the Content are provided on an "as is" and “as available” basis. Although every effort is made to provide accurate information on these pages, neither We nor any member of the Vodafone Group guarantees the accuracy, completeness, currency, suitability or reliability of any of the Services or the Content made available on the Site and We disclaim all warranties and conditions, including implied warranties and conditions relating to satisfactory quality, fitness for a particular purpose and non-infringement.
11.3 We shall use Our reasonable endeavours to ensure the maintenance and availability of the Site, the Services and the Content but availability may be affected by Your equipment, communication networks, too many people trying to use the Internet at the same time or other causes of interference and may fail or require maintenance without notice.
11.4 Due to the inherent risks in using the Internet, We cannot be liable for any damage to, or viruses that may infect, Your computer equipment or other property when using or browsing the Site, using the Services or when downloading any Content and neither We nor any member of the Vodafone Group shall be liable for any loss, claim, damage, or any punitive, indirect, incidental or consequential damages of any kind (including but not limited to lost profits or lost savings or loss or corruption of data) whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with: (i) any use of the Site, the Services or the Content; (ii) any failure or delay in the use of or inability to use any component of the Site, the Services or the Content; and (iii) any other information, software, products, services and related graphics obtained through the Site or the Services in all cases even if We have been forewarned of such loss or damage.
11.5 We make every effort to ensure the security of Your communications. You are however advised that for reasons beyond Our control, there is a risk that Your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, Your communications may pass over third party networks over which We have no control. The Internet is not a secure environment. Unwanted programs or material may be downloaded without Your knowledge, which may give unauthorised persons access to Your PC or other connecting device and the information stored on it. These programs may perform actions that You have not authorised, possibly without Your knowledge.
11.6 We shall not be liable to You due to any cause beyond Our reasonable control including but not limited to Act of God, inclement weather, act or omission of Government or public telephone or telecommunications operators or other competent authority or other party for whom We are not responsible.
11.7 Your only remedy under these Terms is to discontinue using the Site, the Services and/or the Content.
12.2 We reserve the right to revise these Terms at any time and any revised terms shall become effective two weeks after being posted on the Site. By continuing to use the Site, the Services or the Content You will be deemed to have accepted the revised terms and You should check back periodically to ensure that You have read the most current version.
13.1 You hereby agree to fully indemnify and to hold Us and all other members of the Vodafone Group harmless from and against any claim brought by a third party resulting from the use of the Site, the Services or the Content by You and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly or indirectly by Us and the rest of the Vodafone Group in consequence of Your use of the Site, the Services and Content or Your breach or non-observance of any of these Terms.
14.1 These Terms are severable so that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of these Terms.
14.2 Our failure to exercise any particular right or provision contained in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Us in writing.
14.3 You acknowledge and agree that in entering into these Terms You do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these Terms or not) other than as expressly set out in these Terms as a warranty. Nothing in this clause shall, however, operate to limit or exclude any liability for fraud.
14.4 You undertake that You will not assign, re-sell, sub-lease or in any other way transfer Your rights or obligations under these Terms or part thereof. Contravention of this restriction in any way, whether successful or not, will result in the Services being terminated by Us immediately. We may assign these Terms in whole or in part to any third party at its discretion.
14.5 A person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any provision of these Terms.
14.6 These Terms are governed by and construed in accordance with the laws of England and Wales and You hereby submit to the non-exclusive jurisdiction of the English courts.
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