The following terms apply to visitors to this website. By entering or using this website you agree that you have read and accepted these terms, 1 to 5.
1. THE MAKESBUSINESS.COM
This is the Makesbusiness.com website, owned and maintained by The Makes Business. Contact Makesbusiness.com by post, or email to info@makesbusiness.com.
2. COPYRIGHT AND TRADEMARK NOTICES
2.1 All contents of the Makesbusiness.com website are Copyright © and are the property of Makesbusiness.com and/or its suppliers or members.
2.2 The intellectual property in all designs, text, graphics and other material and the layout, appearance or arrangement of all such material in this website is owned by Makesbusiness.com or licensors to Makesbusiness.com.
2.2 Makesbusiness.com Logo, Makesbusiness.com Photos and/or other Makesbusiness.com products and services referred to in the Makesbusiness.com website are trademarks and / or registered trademarks of Makesbusiness.com in all countries. The names of actual companies and products mentioned will be the trademarks of their respective owners. Any rights not expressly granted are reserved.
3. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Notifications of claimed copyright infringement should be sent to info@makesbusiness.com.
4. TERMS OF USE
4.1 Correct and continuous operation of this website at all times is not guaranteed by makesbusiness.com.
4.2 Makesbusiness.com excludes all liability for any loss suffered as a result of your visit to this website to the fullest extent permitted by law save for (in every case) liability for death or personal injury of any person caused by the negligence of Makesbusiness.com, its servants or agents. Your use of information or data in any form provided by this website or through this website will be used entirely at the user's risk.
4.3 Use of, copying of, reproduction of, or extraction of personal data from any materials on this website (including reproduction for a purpose other than those stated) together with any modification, distribution or republication of any such materials without prior written permission from Makesbusiness.com is prohibited.
4.4 None of the services or facilities of Makesbusiness.comare offered to you unless you become a member of Makesbusiness.com and agree to the Terms of Membership.
4.5 No representations or warranties of any kind are given nor are they to be implied in respect of this website or its contents, whether such contents include any opinions or commentary, other than those implied by operation of the law.
4.6 The Makesbusiness.com website will from time to time include links to other websites and services provided by third parties. Links from the website are at the users risk and Makesbusiness.com does not make or give any warranties or representations regarding any such websites or services and are not responsible for or liable in relation to the contents or use of such websites or services.
5. MODIFICATION OF THESE TERMS
Makesbusiness.com reserves the right to change the terms, conditions and notices under which this website is offered without notice.
TERMS OF MEMBERSHIP OF MAKESBUSINESS.COM
(including Terms of Purchase of Goods or Services)
Membership of Makesbusiness.com is offered to you conditional on your acceptance of these Terms of Membership. By completing the joining process to become a member of Makesbusiness.com you will have signified your acceptance of these Terms of Membership.
1. INTRODUCTORY
1.1 Makesbusiness.com is a member only website. Visitors who do not become members are welcome to visit the Makesbusiness.com website (which shall be taken to include any other website or website pages offered by Makesbusiness.com and referred to hereafter as "the website") but they will not be able to enjoy the benefits of membership.
1.2 By applying for membership, you are accepting that you will abide by the statement of the "Makesbusiness.com Community Values" which can be found on this link here >. You will also be consenting to receiving occasional information and news from Makesbusiness.com by email about Makesbusiness.com news, events, content and Makesbusiness.com partners. You may withdraw this consent at any time by clicking the unsubscribe link on the email, or changing your account settings or sending an 'opt out' notification.
1.3 There are different levels of membership available in Makesbusiness.com. Membership is free unless you choose to become a subscription member. Free members may use some of the facilities on Makesbusiness.com but not those services which are available (or intended to be available) only to subscription members. If you choose to become a subscription member you will be asked to accept these Terms of Membership AND the further terms applicable to subscription members which can be found on this link here >.
1.4 A member can upgrade to a chosen form of subscription membership at any time.
1.5 All members, regardless of membership type, may apply for verification of their account by successfully completing the verification process, details of which can be found on this link here >.
1.6 'Content' of the website shall be taken to mean all that material appearing on the website including information, designs, logos, text, pictures, film, photographs, streaming video, video, graphics, any music or sound, any digital reproduction of any of the foregoing and any software. Makesbusiness.com does not routinely edit or carry out moderation of the Content of the website but may do so from time to time.
1.7 From time to time Makesbusiness.com may also sell various books, materials, software or other items ("the Products") through the website. Where Makesbusiness.com sells Products through the website (or otherwise at a distance) they will only be sold subject to the terms and conditions set out in these Terms which shall apply in every case. In some instances, you may be making a purchase from a third party. In such a case the agreement for purchase will be made between you and the third party and Makesbusiness.com will have acted only as an introducer and shall have no other liability or responsibility to you under that agreement.
2. CREATING AN ACCOUNT AND CONSENT REGARDING CONTENT
2.1 In the online environment, the account you create is the method by which you, the member, interacts on the website and with other members. An Makesbusiness.com account is personal to that member and is a representation of that member to the community of Makesbusiness.com members. On applying for membership, you should create an account that properly represents you, using your personal details. However, creating an account with details which are incorrect does not of itself avoid this agreement for membership although Makesbusiness.com shall have a right to declare that membership void in such circumstances.
2.2 Please note that you may not create more than one account on Makesbusiness.com as the account is a representation of you, the member.
2.3 An account must not be created on behalf of another person UNLESS the creator of the account is acting only as agent on behalf of the member, for example as a personal assistant or secretary. A person acting as an agent in this way will NOT be acting as an agent in such a case UNLESS:
(a)the person whose details are represented in the account properly enters into a binding agreement for membership with Makesbusiness.com at the time the account is created; and
(b)that member has instructed the agent to create the account or has explicitly consented to the agent performing the task; and
(c)in creating the account there is no intention to mislead any other person as to any aspect of the identity of the member.
2.4 As your account is personal to you, the member, you may not transfer your account to any other person or entity nor may you allow your account to be used by any other person unless they are acting in the capacity of an agent as described above.
2.5 You recognise and understand that by becoming a member of Makesbusiness.com you are agreeing to the publication on www.Makesbusiness.com.com (or any other website owned and operated by Makesbusiness.com) of any of your personal data (as defined under the Data Protection Act 1998) that you make available to us by way of submission from an account to the website.
2.6 You further agree that, in the event of a sale of the business of Makesbusiness.com (or substantial part of the business) you consent to all of your Content (which may include personal data) being sold and transferred to the buyer and that prior to the conclusion of any such sale a prospective buyer may have access to any of your Content as may at the time of that access be retained by Makesbusiness.com.
3. NO UNLAWFUL OR PROHIBITED USE
3.1 As a condition of your membership, you promise to Makesbusiness.com that you will not use this website for any purpose that is unlawful or prohibited.
3.2 Makesbusiness.com makes available facilities for the use of members by which means members can send electronic mail messages to single or multiple email addresses of other members or non members. Such facilities, for example the 'Invitation' facility; In order to connect with others on Makesbusiness.com, you may use the Invitation facility to send invitations either to their Makesbusiness.com profile or email addresses if they are not a Member. The names and email addresses of people whom you invite will be used to send your invitations and reminders as well as to allow Makesbusiness.com to help expand your network. Information entered into the Invitation facility is only viewable by you. By providing email addresses or other information of non-Members to Makesbusiness.com, you represent that you have authority to do so. The invitation facility may not be used for the sending by any person of unsolicited electronic mail using the account of a member to persons who have not consented to such communications unless:
(a) that person or the member has obtained the contact details of the recipient of that electronic mail in the course of the sale or negotiations for the sale of a product or service to that recipient;
(b) if (a) is the case, the electronic mail is in respect of that person's or member's similar products and services only; and
(c) at the time of sending the electronic mail the recipient is given a simple means of refusing (free of charge) the use of his contact details for the purposes of such electronic mail, AND had also been given such an opportunity at the time that the recipient's details were initially collected, and, where he did not initially refuse the use of the details, at the time of each subsequent communication.
The sending of such unsolicited electronic mail will almost certainly be unlawful under the laws. Members who send unsolicited electronic mail (whether unlawful or not) using any of the facilities of Makesbusiness.com will be in breach of these Terms of Membership.
3.3 As the actions of a member who breaches the provisions of clause 3.3 may cause legal liability to attach to Makesbusiness.com, the member whose account is used for the sending of unsolicited electronic mail will indemnify Makesbusiness.com from the consequences of any such breach including without limitation, making good of any costs, penalties, fines, interest, damages or losses of any nature accruing to Makesbusiness.com. This indemnity shall survive the termination of an agreement for membership between Makesbusiness.com and the member whose account has been used to send the unsolicited electronic mail. The provisions of this clause shall not affect any other rights or remedies that may otherwise be available to Makesbusiness.com.
3.4 For clarification, the act of joining Makesbusiness.com shall be an agreement by the member to receive email correspondence from other members of Makesbusiness.com, Makesbusiness.com or its partners unless an opt out has been notified to Makesbusiness.com.
3.5 You should not apply to become a member of Makesbusiness.com if you are under the age of 16 years, or are a resident in a state where joining Makesbusiness.com or using (some or all of) the facilities of Makesbusiness.com is unlawful. Should it be found that this has been the case, Makesbusiness.com may terminate your membership without further notice and without liability to you.
4. SECURITY
4.1 Members are responsible for providing all personal computer and communications equipment necessary to gain access to the website. Access to and use of the website is through a combination of a username and a password. Each Member must keep their username and password strictly confidential and only share it with a third party if this third party has permission to assist with the management of their account in some way. Remember your password! For security reasons, Makesbusiness.com will not release passwords except as may be specifically required by law or court order.
4.2 You must promptly inform Makesbusiness.com of the following:
(a)changes in the expiration date of any credit card used in connection with the provision of any subscription service;
(b)changes in home or billing address;
(c)any breaches or apparent breaches of security, such as loss of, theft of, or unauthorised disclosure or use of any account security information or password.
4.3 Following any breach of security on your account, until Makesbusiness.com receives a notification from you by e-mail to webmaster@Makesbusiness.com.com of a breach in security, you will remain liable for any improper use of your account.
5. RULES OF MEMBERSHIP AND TERMINATION
5.1 You may end your agreement for membership with Makesbusiness.com at any time by notice. You can send notice by email or by conventional post to Makesbusiness.com. In considering whether a member has been in breach of any of these Terms of Membership, whether a subscription member or otherwise, Makesbusiness.com will have regard to the Makesbusiness.com Community Values which can be found here >.
5.2 Makesbusiness.com may withdraw the rights of any non-subscription member to use the facilities available to members at any time and without cause. Because of the nature and size of the membership of Makesbusiness.com, Makesbusiness.com will not be under any obligation to contact individuals about the withdrawal of rights, disclose the reasons for that withdrawal or to enter into any correspondence or negotiation about it. A withdrawal of the rights to use the facilities will amount to a termination of membership unless Makesbusiness.com publishes (on the website) information to the contrary.
5.3 Makesbusiness.com will be able to suspend and / or terminate any account which it reasonably believes is a 'Fake Account' without notice. In becoming a member you understand and agree that if you are found (on the balance of probabilities) to have participated in, assisted in, endorsed or been a party to the creation of a Fake Account, Makesbusiness.com may publish that finding on the website and you will be regarded as being a party to the breach of these Terms of Membership. A 'Fake Account' is an Makesbusiness.com account opened by a person (or for a person) or used by a person (or on behalf of a person) where at any time during the existence of the account:
(a) the account is used or operated in such a manner as to mislead any other member as to the identity of the user or operator; or
(b) the account is used or operated by any person having the intention to mislead any party as to his or her identity; or
(c) the details of the account which are available in any format to any other member are not those of the person using or operating the account; or
(d) the account is created or used or operated by any person who is not a member of Makesbusiness.com or is prohibited from being a member.
An account will not be a Fake Account by reason only of its use or operation by an agent acting as such and the provisions of clause 2.3(a) to (c) inclusive are met.
5.4 Makesbusiness.com will also be entitled to terminate membership if the member has;
(a)committed a breach of these Terms of Membership;
(b)opened an account with Makesbusiness.com utilising any information which is false or is used with the intention to mislead;
(c)used any material on Makesbusiness.com in breach of copyright or other intellectual property rights of the owner;
(d)utilised Makesbusiness.com in furtherance of any act which amounts to a crime or which is unlawful in either case under the law;
(e)opened another account using any details or in any name following a termination of that person's membership and no written permission has been given for that person to reapply for membership;
(f)(other than when acting as an agent and the provisions of clause 2.3(a) to (c) inclusive are met) passed themselves off as being a member by operating that member's account, with or without permission;
(g)operated any account or provided any information to any person by use of Makesbusiness.com with intent to mislead any person as to the true state of affairs;
(h)purported to be or represent (without the requisite authority) an Makesbusiness.com official, leader of any online forum, guide or host, or falsely stated or otherwise misrepresented an affiliation with a person or entity;
(i)made, used, downloaded, distributed or otherwise copied, or provided (whether or not for any consideration) to any person or entity any list of users of Makesbusiness.com or Makesbusiness.com services or any portion thereof except as is agreed by Makesbusiness.com and does not contravene the rights of any individual under the Data Protection Act 1998;
(j)harvested or otherwise collected information appearing on Makesbusiness.com or available through its services about other persons, including email addresses except when explicit or implied consent has been given by that person and where acceptable in order to properly participate in the use of the website.
5.5 Where any membership is terminated under the foregoing provisions (a) to (j) of clause 5.4, by operation of these Terms the member is on notice that Makesbusiness.com will not knowingly allow any future membership for that person unless it has first issued an agreement in writing to that effect. That agreement (to future membership following a termination) may be withheld at Makesbusiness.com's discretion and without obligation to give reasons. This provision will apply equally to any person who Makesbusiness.com reasonably believes is responsible for the creation use or operation of a Fake Account.
5.6 Makesbusiness.com will not be under any duty to disclose any member's contact details or Content to any member who has terminated their membership or had their membership terminated by Makesbusiness.com.
5.7 When a member's account is to be ended, all personal data and records will be removed from public access and dealt with in accordance with the provisions of any relevant statute or regulations that are then in force. That member will remain liable for any payments or charges which are due and owing to Makesbusiness.com as at termination of membership.
5.8 Makesbusiness.com reserves the right to deny in its sole discretion any visitor or member access to Makesbusiness.com website, specific areas of the website or functionality or features of the website, either via the Feedback System or any other method it chooses.
6. SUBSCRIBING AND BUYING FROM Makesbusiness.com - RIGHTS TO CANCEL
6.1 The terms in this clause 6 only apply to purchases of services of Products made by you from Makesbusiness.com and not to any transactions that you enter into with one of Makesbusiness.com's associates or advertisers.
6.2 If you are not making a purchase from Makesbusiness.com as a business but are buying a service, such as a subscription membership or any Products as a consumer, you will have the right to cancel your order for any reason (including if you simply change your mind) within 7 working days from the date of our confirmation of your order. If you wish to exercise that right to cancel you must notify Makesbusiness.com by email within those seven (7) working days.
6.3 In the case of a service or subscription membership, you agree that any use by you of the services will be deemed to be an instruction to Makesbusiness.com that you have waived any right of cancellation available under the law. Therefore as soon as you start to use any of the services available to you as a subscription member, the right to cancel the subscription will cease.
6.4 In the case of a purchase of Products, if you have not received the ordered Products by the time you cancel the order and you are still within the cancellation period, then, subject to provisions which bring the right to cancel to an end, Makesbusiness.com will arrange a refund to you of all the monies paid (including delivery charges where applicable) as soon as possible and in any event within 30 days of your cancellation.
6.5 If, during the cancellation period, there has been no delivery by the time you cancel the order, but the Products have been despatched for delivery, then you must not unpack them when received. While in your possession, you must keep any Products you intend to return to Makesbusiness.com in good condition. You will be responsible if they are lost, damaged or destroyed whilst they are in your possession or under your control. They must be returned to Makesbusiness.com as soon as possible following which Makesbusiness.com will refund to you all the monies paid by you, in the same form of payment originally used for the purchase, as soon as possible and in any event within 30 days of your cancellation being accepted less the cost of collection of them.
6.6 If you cancel your order during the cancellation period and have received Products by the time of cancellation, then those Products must be returned to Makesbusiness.com as soon as possible. You will have become the owner of those Products once they have been delivered and so you will be responsible if they are damaged, lost or destroyed. Those Products must be returned to Makesbusiness.com as soon as possible following which you will have all the monies paid by you for those Products refunded, less the cost of collection (if any), in the same form of payment originally used for the purchase as soon as possible, and in any event within 30 days of your order being accepted, PROVIDED THAT the Products are received by Makesbusiness.com in the condition that they were in when delivered to you.
6.7 If you do not return the Products to Makesbusiness.com following a cancellation of the order allowed by these terms or under the law, Makesbusiness.com may deduct the direct costs of recovering the Products from the amount to be refunded to you.
6.8 If:
(a) the Product delivered is not what you ordered (including any Substitute Products), or does not correspond with its description (allowing for any distorted representation of a description due solely to the computer equipment on which you viewed our website);
(b) the Product delivered is not of a satisfactory quality, including because of damage prior to the act of delivery,
then Makesbusiness.com will, at its option, deliver to you a replacement Product or refund to you the price paid and your reasonable costs of returning the Products.
6.9 For any purchase of software, you understand and agree that it is provided 'as is' and to the extent permissible (and without affecting you statutory rights arising under the law) no warranty of any kind is given or is to be implied and Makesbusiness.com does not promise that software you order will be fit for any particular purpose nor that it will be error free.
6.10 Makesbusiness.com shall be under no obligation to provide any new releases or upgrades to any software Product.
7. WHEN THE RIGHT TO CANCEL DOES NOT APPLY
7.1 The right to cancel given at clause 7 does not apply to any purchase and download of any software from the website. Where software is bought as a Product (i.e. it is contained in a disc or other tangible item which is delivered to you) the right to cancel will cease as soon as you have broken any seal or wrapper on the item.
7.2 Please note that if you ask Makesbusiness.com to alter any Product before delivery or to carry out any sort of process that renders the Product unique, then the right to cancel will not apply to your order once Makesbusiness.com have started to carry out such alteration or process.
7.3 If you are buying Products in the course of business, Makesbusiness.com shall have the right to refuse to accept any cancellation or purported cancellation you may make. In particular no cancellation will be accepted of orders for Products which are not normally stocked or sold by Makesbusiness.com or if the manufacture or obtaining of such Products is in the process of being completed. However, if:
(a) the Product delivered is not what you ordered (including any Substitute Products), or does not correspond with its description (allowing for any distorted representation of a description due solely to the computer equipment on which you viewed our website);
(b) the Product delivered is not of a satisfactory quality, including because of damage caused prior to the act of delivery,
Makesbusiness.com will at its option, deliver to you a replacement Product or refund to you the price paid and your reasonable costs of returning the Product.
8. COMPLAINTS, MEMBERS BEHAVIOUR
8.1 From time to time Makesbusiness.com receives complaints about the conduct of a member or the operation of an account. If a complaint is received about you or your behaviour has come into question for some other reason¸ Makesbusiness.com shall have the right to suspend your account and any other account which it reasonably believes that you may use or have access to whilst an investigation is carried out. After the investigation the account(s) may be reinstated or terminated.
8.2 Suspension during investigation is entirely at Makesbusiness.com's discretion. Makesbusiness.com shall have the right to remove without notice any Content including without limitation bulletin board postings, articles, weblogs and private messages.
8.3 It must be appreciated that any details which may identify a complainant will not be given to you unless the complainant is (because of the attendant circumstances) already known to you, or the complainant has explicitly agreed or the operation of the law requires such disclosure.
8.4 Makesbusiness.com will carry out the investigation process as soon as is reasonably possible and will seek to gather all pertinent facts. Unless the account under investigation is a Fake Account or is reasonably believed to be a Fake Account, a member subject of such an enquiry will be informed of the investigation by email to the last email address given to Makesbusiness.com for contact and invited to make any representations as to the matter under investigation. Representations can be made up until the point where Makesbusiness.com has closed its investigation.
8.5 Makesbusiness.com may need to seek information from a number of sources and therefore no definite timetable can be put forward for the conclusion of the investigative stage.
8.6 If it is reasonable to conclude that there has been a breach of these Terms of Membership or of a Subscription Agreement, Makesbusiness.com may at its discretion:
(a)take no action; or
(b)issue an advisory request to the member concerning his or her conduct; or
(c)continue the suspension of the member's account for a period that shall not exceed [3 months]; or
(d)terminate the member's membership by email notice; or
(e)in the case where the account is or may reasonably be supposed to be a Fake Account, terminate that account without notice.
Other than in the case of a Fake Account, the member subject to any sanction imposed by Makesbusiness.com will have the right to make an appeal in writing to Makesbusiness.com's registered office address provided any such appeal is received within 14 days of the imposition of the sanction.
8.7 Makesbusiness.com shall not be under any obligation to disclose to the member subject of the investigation any material or evidence gathered.
9. LIABILITY FOR FAKE ACCOUNTS
9.1 Where the termination OF AN ACCOUNT BY Makesbusiness.com results from a finding that the member has created a Fake Account or has breached any of the provisions at clause 5.4, sub-clauses (b), (e), (f), (g) and (h), the member in question shall be liable to pay to Makesbusiness.com the sum of £475 by way of liquidated damages. In applying for membership, you will be taken to agree that such damages are a reasonable pre-estimate of the costs of the labour and other administration charges incurred in searching for, redacting and / or removing from the website all that material or part of that material (depending upon the circumstances of the breach) posted by or on behalf of the member in breach and the taking of such steps as are necessary to mitigate any potential damage caused to other members and to Makesbusiness.com.
9.2 Nothing in 9.1 above is intended to limit the effect of the indemnities at clause 17.
10. LIMITATIONS AND EXCLUSION OF LIABILITY
10.1 You expressly understand and agree that, to the maximum extent permitted by applicable law, Makesbusiness.com (or any party engaged by Makesbusiness.com to deliver services to members or any resellers acting by agreement with Makesbusiness.com) shall not be liable to you for:
(a) any consequential loss including loss of chance or opportunity, for any economic loss including loss of profits or anticipated profits, or for any damages costs or expenses incurred by you whether arising out of breach of contract or by reason of breach of any duty owed to you; or
(b) for any loss of employment or employment opportunity; or
(c) for any loss of the opportunity to obtain some position or office; or
(d) for any loss of or corruption to any software, or loss of any data or information from any computer or system used by you to access Makesbusiness.com, or for any modifications or deletions made to such computer or system or to any files therein
resulting from any use by you, whether direct or indirect, of any services provided to you by Makesbusiness.com, of any information or advice appearing on the Makesbusiness.com website or provided in or by any services offered by Makesbusiness.com or any software offered by Makesbusiness.com, of any failure of performance of the website, any error, omission, interruption, deletion, defect, delay in operation or the failure of any transmission, or of any communications facility, or any theft, destruction or unauthorised access to, alteration of, or use of Makesbusiness.com records in circumstances which were beyond Makesbusiness.com's reasonable control.
10.2 To the extent that any provision of sub-clause 10.1 is found to be ineffective, you agree that the remaining provisions of the sub-clause shall continue to be of full effect.
10.3 Nothing in this clause 8 is intended to limit or exclude the liability of Makesbusiness.com for causing the death or personal injury of any person or for any fraudulent misrepresentation.
10.4 Should Makesbusiness.com be liable to you for any breach of contract or of any duty arising from such contract, Makesbusiness.com's liability shall be limited to the aggregate of any amount paid by you to Makesbusiness.com under that contract or £100, whichever is the greater.
11. WARRANTIES AS TO THE WEBSITE
11.1 Makesbusiness.com does not warrant to you that access to or use of the website or any services provided by Makesbusiness.com will be available at all times, or will be uninterrupted or error free. No warranty as to quality or fitness for purpose of the website or its facilities is intended or given.
11.2 Makesbusiness.com does not warrant that access to the website or access to the full facilities or services available through the website will be possible on your internet access equipment or that your internet access equipment will be capable of allowing you access to the website or any services.
11.3 Makesbusiness.com does not warrant that the website or any services will be available to you for use in every area of the world, or that it will be continuously available for use or that it will be error free or available continuously.
11.4 Makesbusiness.com does not warrant that your use of the website or of any services provided by Makesbusiness.com is lawful in any particular part of the world and in accepting these Terms of Membership you accept that you will have responsibility for any use of the website or any services in a place where that use is unlawful and shall indemnify Makesbusiness.com for any losses caused arising from such unlawful use.
11.5 Makesbusiness.com gives you no warranty or guarantee concerning any information provided by any member through the website and where advice appears on the website, you accept that you act upon that advice at your own risk and that Makesbusiness.com do not offer that advice or endorse it in any way unless that fact is explicitly stated on the website.
11.6 Makesbusiness.com does not endorse or guarantee the business of any of its members, their products or services. Makesbusiness.com does not control Content posted by members onto the website and, as such, does not guarantee the accuracy, integrity or quality of such Content.
11.7 Members enter into a trading relationship with other members, advertisers or Visitors at their own risk and take full responsibility to undertake their own due diligence prior making an arrangement or agreement of any sort.
11.8 It is possible that the access number you have programmed for use by your dial-up modem to connect to the internet may be a telephone number that results in additional or long distance charges being billed to you by a third party, You are solely responsible for determining whether the access number you use is subject to any additional charges even if such number was presented by Makesbusiness.com as an appropriate access number for your area. It is your responsibility to contact your telephone company to determine whether the access number you select is subject to additional charges. You agree to pay any charges you incur by using a long distance telephone number to connect to the website, including those that may be billed to you by a third party. Makesbusiness.com will not reimburse you for any charges incurred by you as a result of selecting an access number that is subject to additional and/or long distance charges.
12. NO PROFESSIONAL ADVICE
12.1 Nothing contained in Makesbusiness.com is intended to constitute investment, legal, tax, real estate, medical, accounting or other personal or professional advice, and you should not rely solely on the reports, data, and other information provided to you as part of Makesbusiness.com for making decisions.
12.2 Information provided within Makesbusiness.com is for informational purposes only. You should consult with an appropriate professional for specific advice tailored to your situation and/or verify the accuracy of information provided to you before making any decision.
13. RULES ON THE USE OF WEBLOGS, BULLETIN BOARD, CHAT ROOMS AND OTHER COMMUNICATIONS FORUMS
13.1 Without the advance express written permission of Makesbusiness.com, you may not 'meta-search' Makesbusiness.com subscription services, send, or cause to be sent, any automated queries of any sort to Makesbusiness.com subscription services, or use Makesbusiness.com subscription services in any commercial manner.
13.2 You may not copy, replicate, modify, distribute, display, perform, create derivative works from, transfer or sell any information, software, products or services obtained from Makesbusiness.com.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.
13.3 The Makesbusiness.com website contains bulletin boards, marketplace, chat rooms and other message or communication facilities (each a "Forum", collectively, "Forums"). You agree to use all such facilities only to send and receive messages and disseminate information or opinion which is proper and related to the topic of the particular Forum.
13.4 You agree that when participating in a Forum or in sending messages, 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) by any repeated action, to attempt to demean, belittle or intimidate another person or member;
(c) publish, post, distribute, link or disseminate any defamatory, infringing, obscene, pornographic, foul language, swearing, indecent, libellous or unlawful material or information;
(d) 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;
(e) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
(f) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
(g) falsify the origin or source of software or other material contained in a file that is uploaded;
(h) view, intercept, or attempt to intercept e-mail or other private communications not intended for you;
(i) use your e-mail accounts in the text of unsolicited e-mail messages or Web sites as an address to which subscribers, members or other Internet users can respond;
(j) view, intercept, or attempt to intercept e-mail or other private communications not intended for you.
13.5 Except to the extent allowed, you must not advertise, or offer to buy or sell any goods or services, or conduct or forward any surveys, contests or chain letters. In no event may you use any Forum to advertise or sell any goods or services which you are in the business of advertising or selling.
13.6 You acknowledge that all Forums are public and not private communications and Makesbusiness.com has the right to monitor all communications on the website. Further, you acknowledge that Makesbusiness.com does not have any liability for any chats, postings, conferences, and other communications by other users, and such communications shall not be considered reviewed, screened, or approved by Makesbusiness.com. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such material originated. This means that you, and not Makesbusiness.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the website.
13.7 You understand that by using Makesbusiness.com website, you may be exposed to Content that you consider to be offensive, indecent or objectionable.
13.8 Under no circumstances will Makesbusiness.com be liable to you in any way for your use of any website that chooses to link to the Makesbusiness.com website or which may display some of its Content on the Makesbusiness.com website.
14. WHAT Makesbusiness.com IS NOT
14.1 Makesbusiness.com is NOT generally a recruitment database. However, Makesbusiness.com do specifically give authority to members advertising jobs and career opportunities in the relevant sections of Makesbusiness.com Marketplace.
14.2 Makesbusiness.com is NOT a Network Marketing or MLM (Multi Level Marketing) company and will not accept activity to either recruit members to the marketing network of the MLM company or promote the MLM company itself. This applies within its membership or at its events, this includes text, keywords and links in profile pages or anywhere else on the website or material at networking events. In the event of a member, profiting directly through the use of the information provided within the member's homepage or from sending information about the Network Marketing or MLM (Multi Level Marketing) company to the membership the individual's membership to Makesbusiness.com will be terminated immediately. For clarity, Members will not be in breach of this condition if they include or provide a product or service that is sourced from a multi-level marketing, referral marketing or similar organisation and that product or service is provided as part of that members own product or service offering to their customers and clients.
14.3 Makesbusiness.com is NOT a "free to advertise site or database" - the sending of unsolicited emails (SPAM) advertising products or services, or inviting others, using Makesbusiness.com Forums, by any private messaging system, export contact tools, invitation tools or directly to members e-mail addresses is NOT PERMITTED WITHOUT THEIR PERMISSION. Any instant messages or emails from one member to another may not be carried out using Makesbusiness.com's, or third party's services to relay your message or with the intention of hiding the origination of your message or message. The collection of Makesbusiness.com members e-mail addresses from the profile pages or from the database (except using export tools where available) for ANY use without the written permission of Makesbusiness.com is considered as theft, legal action may be taken against offenders.
14.4 Makesbusiness.com will not mediate disputes between members and does not accept any liability to any party whatsoever for any disputes arising due to postings on the website, messages, emails, telephone call or meetings by a particular member(s). Makesbusiness.com shall not be obliged to publish any information about disputes between members or arising from such disputes.
15. SOFTWARE AVAILABLE ON THE WEBSITE
15.1 Software (if any) that is made available to download from the website is either the copyrighted work of Makesbusiness.com and / or its suppliers, or is made available by a member. Your use of any software (being software which is not made available by a member) ("Software") is governed by the terms of any applicable end user license, if any, which accompanies or is included with the software ("License Agreement").
15.2 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, Makesbusiness.com hereby grants to you, the user, a single personal, non-transferable license to use the Software for the purpose only of using the website and its functions as clearly intended by Makesbusiness.com.
15.3 Please note that all Software, including without limitation all HTML code and Active X controls contained in this website, is owned by Makesbusiness.com and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software without permission in writing is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
15.4 Any reproduction of Software for any commercial exploitation by any party is prohibited. Software is provided 'as is' and without any
15.5 You acknowledge and agree that Makesbusiness.com may automatically check the version of Software and components you are utilising and may provide upgrades to such Software that will be automatically downloaded to your computer, in which event you will be responsible for all resulting charges including, without limitation, connect time charges and local or long distance telephone charges, if any.
15.6 You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations. You agree not to export or re-export the Software, directly or indirectly, to any countries.
16. OWNERSHIP AND LICENSING OF CONTENT AVAILABLE THROUGH Makesbusiness.com
16.1 All Content of the Makesbusiness.com website or made available in the provision of any subscription services by Makesbusiness.com, including without limitation, information, designs, logos, text, pictures, film, photographs, streaming video, video, graphics, any music or sound, any digital reproduction of any of the foregoing and any software that are made available to visitors to the website and members of Makesbusiness.com is owned by and is the copyrighted work of Makesbusiness.com and/or its suppliers or members (as the case may be) and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Content without permission in writing is expressly prohibited.
16.2 By agreeing to become a member of Makesbusiness.com, you irrevocably licence Makesbusiness.com to publicly display any Content uploaded by you or on your behalf onto the website. Such licence shall survive the ending of your membership. Makesbusiness.com may display all or part of your Content on any page of the site and redact or edit it without your consent.
16.3 Makesbusiness.com does not claim ownership of any material you make available to Makesbusiness.com (including feedback and suggestions) by the fact of allowing it to be published on the website (each instance being a "Submission"). However, by posting, uploading, inputting, providing or submitting (to "Post" or to make a "Posting") your Submission onto the website you are granting Makesbusiness.com, and its sub contractors and companies or bodies with whom Makesbusiness.com partners on the website from time to time, permission to use your Submission in connection with the operation of the business of Makesbusiness.com (whether by operation of the website or otherwise) and you now grant to Makesbusiness.com without limit as to time and irrevocably the following rights:
(a) to copy, distribute, transmit, publicly display, publicly perform on a worldwide basis, to reproduce, edit, translate and reformat your Submission;
(b) to publish on the website or elsewhere your name in connection with your Submission;
(c) the right to sublicense such rights to any supplier or sub contractor of Makesbusiness.com.
16.4 You understand that unless Makesbusiness.com has explicitly agreed to the contrary, no compensation will be paid with respect to the use of your Submission. Makesbusiness.com is under no obligation to publish or use any Submission you may provide and Makesbusiness.com may remove any Submission at any time in its sole discretion.
16.5 By Posting a Submission you warrant and represent that you own or otherwise have all requisite authority or licence over the entirety of each of your Submissions including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions including, without limitation, where your Submission contains images, photographs, pictures or that are otherwise graphical in whole or in part ("Pictures"):
(a) that each person depicted in such Picture, if any, has provided consent to the use of the Picture by you;
(b) that you are the owner or have all the rights of the owner of the Picture, and
that you now indemnify Makesbusiness.com against any losses, damages, costs, penalties and interest caused by or arising from any action, claim, demand or requirement lawfully made against Makesbusiness.com brought about because of your Submission of a Picture.
16.6 By Posting a Picture, you are granting (in addition to the rights specified at clause 16.5 above):
(a) to all members of any Forum in which you are participating and on which you make the Submission (for each such Picture) and / or
(b) to the public at large (for each such Picture available anywhere on Makesbusiness.com, other than a private community), and/or
(c) to any person with whom you share Pictures through email using Makesbusiness.com,
permission to use your Picture in connection with the business of Makesbusiness.com, (including, by way of example, and not as a limitation, downloading, printing and making prints and gift items which include such Picture). The licenses granted in this clause for a Picture will terminate at the time you completely remove such Picture from Makesbusiness.com, provided that such termination shall not affect any licenses granted in connection with such Picture prior to the time the Picture is completely removed.
17. LINKS TO THIRD PARTY SITES
17.1 This website may contain hyperlinks to websites operated by parties other than Makesbusiness.com. Such hyperlinks are provided for your reference only. Makesbusiness.com does not control such websites and is not responsible for their Content. Makesbusiness.com's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
17.2 Members have a number of search engine optimization options available on Makesbusiness.com to help them optimize their own Content for potential discovery and inclusion by search engines. Members may also include external links within their Marketplace adverts, profiles, blogs and other posts on Makesbusiness.com. For example, the inclusion of a link to their website in their signature.
17.3 Members who are found to be using hidden links, repetitive links or blatantly attempting to spam Makesbusiness.com and / or search engines may have their Content removed or account closed without warning.
17.4 Any dealings with third parties (including advertisers) included within services provided by Makesbusiness.com or participation in promotions, including the delivery of and the payment for goods and services, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Makesbusiness.com shall not be responsible or liable for any part of any such dealings or promotions.
18. MODIFICATION OF THESE TERMS AND CONDITIONS
Makesbusiness.com reserves the right to change the terms, conditions and notices under which this website is offered without notice.
19. INDEMNITY
19.1 Where it is found that a member has been in breach of any of these Terms of Membership (or where it is the case, any terms of a Subscription Agreement), he or she shall indemnify Makesbusiness.com for and against any loss or damage (to include reasonable legal costs, penalties, interest or costs reasonably incurred in mitigating any loss or damage) sustained by Makesbusiness.com and / or any party, including a party to whom Makesbusiness.com owes a duty under law, which arises because of the breach by that member. This indemnity shall continue notwithstanding the ending of this agreement for membership.
19.2 You now agree to indemnify and hold Makesbusiness.com, and its subsidiaries, affiliates, agents, co-branders or other partners and employees, harmless from any claim or demand, including reasonable legal fees, made by any Makesbusiness.com member or by any third party against any of the aforementioned indemnified parties due to or arising out of any Content you submit, post, transmit or make available through the Makesbusiness.com website or on any website to which Makesbusiness.com links or which displays some Content of the Makesbusiness.com website, your use of the Makesbusiness.com website, your connection to Makesbusiness.com website, or your violation of any rights of another.
19.3 Makesbusiness.com will notify you of any claim for which Makesbusiness.com seeks indemnification as soon as is reasonably practicable and will afford you the opportunity to participate in the defence of such claim, provided that your participation will not be conducted in a manner prejudicial to Makesbusiness.com's interests, as reasonably determined by Makesbusiness.com.
19.4 Where permissible under relevant law, this indemnity will extend to any claim, demand, award of damages, penalty, costs, interest and reasonable legal fees suffered by or demanded from Makesbusiness.com under the law of any jurisdiction.
19.5 Where by operation of the law, any provision contained in the indemnities given in this clause 17 is found to be of no effect, you agree that the other provisions of that clause may still be construed as being in full force and effect.
20. GENERAL
20.1 You are agreeing that your membership will be subject to the law. You hereby consent to the exclusive jurisdiction of the courts of Makesbusiness.com in all disputes arising out of or relating to the use of this website. Use of this website is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms of Membership, including without limitation this paragraph.
20.2 You agree that no joint venture, partnership, employment, or agency relationship exists between you and Makesbusiness.com as a result of your agreement to these Terms of Membership or use of this website.
20.3 Makesbusiness.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Makesbusiness.com's right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by Makesbusiness.com with respect to such use.
20.4 If any part of this agreement for membership 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 agreemnt shall continue in effect.
20.5 Makesbusiness.com operates paid subscription membership services - the terms and conditions of these services are here >
The agreement resulting from your acceptance of these Terms of Membership, together with any further terms that may be applicable as regards subscription membership and any extra terms that may apply to specific types of service provided in Makesbusiness.com shall constitute the entire agreement between you and Makesbusiness.com with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Makesbusiness.com with respect to this website. 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.
20.6 Where fictitious names of companies, products, people, characters and/or data are used on the website by Makesbusiness.com, there is no intention to represent any real individual, company, product or event.
Any rights not expressly granted herein are reserved.
© 1998 - 2010 The Makesbusiness.com Ltd. All rights reserved.
1. THE MAKESBUSINESS.COM
This is the Makesbusiness.com website, owned and maintained by The Makes Business. Contact Makesbusiness.com by post, or email to info@makesbusiness.com.
2. COPYRIGHT AND TRADEMARK NOTICES
2.1 All contents of the Makesbusiness.com website are Copyright © and are the property of Makesbusiness.com and/or its suppliers or members.
2.2 The intellectual property in all designs, text, graphics and other material and the layout, appearance or arrangement of all such material in this website is owned by Makesbusiness.com or licensors to Makesbusiness.com.
2.2 Makesbusiness.com Logo, Makesbusiness.com Photos and/or other Makesbusiness.com products and services referred to in the Makesbusiness.com website are trademarks and / or registered trademarks of Makesbusiness.com in all countries. The names of actual companies and products mentioned will be the trademarks of their respective owners. Any rights not expressly granted are reserved.
3. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Notifications of claimed copyright infringement should be sent to info@makesbusiness.com.
4. TERMS OF USE
4.1 Correct and continuous operation of this website at all times is not guaranteed by makesbusiness.com.
4.2 Makesbusiness.com excludes all liability for any loss suffered as a result of your visit to this website to the fullest extent permitted by law save for (in every case) liability for death or personal injury of any person caused by the negligence of Makesbusiness.com, its servants or agents. Your use of information or data in any form provided by this website or through this website will be used entirely at the user's risk.
4.3 Use of, copying of, reproduction of, or extraction of personal data from any materials on this website (including reproduction for a purpose other than those stated) together with any modification, distribution or republication of any such materials without prior written permission from Makesbusiness.com is prohibited.
4.4 None of the services or facilities of Makesbusiness.comare offered to you unless you become a member of Makesbusiness.com and agree to the Terms of Membership.
4.5 No representations or warranties of any kind are given nor are they to be implied in respect of this website or its contents, whether such contents include any opinions or commentary, other than those implied by operation of the law.
4.6 The Makesbusiness.com website will from time to time include links to other websites and services provided by third parties. Links from the website are at the users risk and Makesbusiness.com does not make or give any warranties or representations regarding any such websites or services and are not responsible for or liable in relation to the contents or use of such websites or services.
5. MODIFICATION OF THESE TERMS
Makesbusiness.com reserves the right to change the terms, conditions and notices under which this website is offered without notice.
TERMS OF MEMBERSHIP OF MAKESBUSINESS.COM
(including Terms of Purchase of Goods or Services)
Membership of Makesbusiness.com is offered to you conditional on your acceptance of these Terms of Membership. By completing the joining process to become a member of Makesbusiness.com you will have signified your acceptance of these Terms of Membership.
1. INTRODUCTORY
1.1 Makesbusiness.com is a member only website. Visitors who do not become members are welcome to visit the Makesbusiness.com website (which shall be taken to include any other website or website pages offered by Makesbusiness.com and referred to hereafter as "the website") but they will not be able to enjoy the benefits of membership.
1.2 By applying for membership, you are accepting that you will abide by the statement of the "Makesbusiness.com Community Values" which can be found on this link here >. You will also be consenting to receiving occasional information and news from Makesbusiness.com by email about Makesbusiness.com news, events, content and Makesbusiness.com partners. You may withdraw this consent at any time by clicking the unsubscribe link on the email, or changing your account settings or sending an 'opt out' notification.
1.3 There are different levels of membership available in Makesbusiness.com. Membership is free unless you choose to become a subscription member. Free members may use some of the facilities on Makesbusiness.com but not those services which are available (or intended to be available) only to subscription members. If you choose to become a subscription member you will be asked to accept these Terms of Membership AND the further terms applicable to subscription members which can be found on this link here >.
1.4 A member can upgrade to a chosen form of subscription membership at any time.
1.5 All members, regardless of membership type, may apply for verification of their account by successfully completing the verification process, details of which can be found on this link here >.
1.6 'Content' of the website shall be taken to mean all that material appearing on the website including information, designs, logos, text, pictures, film, photographs, streaming video, video, graphics, any music or sound, any digital reproduction of any of the foregoing and any software. Makesbusiness.com does not routinely edit or carry out moderation of the Content of the website but may do so from time to time.
1.7 From time to time Makesbusiness.com may also sell various books, materials, software or other items ("the Products") through the website. Where Makesbusiness.com sells Products through the website (or otherwise at a distance) they will only be sold subject to the terms and conditions set out in these Terms which shall apply in every case. In some instances, you may be making a purchase from a third party. In such a case the agreement for purchase will be made between you and the third party and Makesbusiness.com will have acted only as an introducer and shall have no other liability or responsibility to you under that agreement.
2. CREATING AN ACCOUNT AND CONSENT REGARDING CONTENT
2.1 In the online environment, the account you create is the method by which you, the member, interacts on the website and with other members. An Makesbusiness.com account is personal to that member and is a representation of that member to the community of Makesbusiness.com members. On applying for membership, you should create an account that properly represents you, using your personal details. However, creating an account with details which are incorrect does not of itself avoid this agreement for membership although Makesbusiness.com shall have a right to declare that membership void in such circumstances.
2.2 Please note that you may not create more than one account on Makesbusiness.com as the account is a representation of you, the member.
2.3 An account must not be created on behalf of another person UNLESS the creator of the account is acting only as agent on behalf of the member, for example as a personal assistant or secretary. A person acting as an agent in this way will NOT be acting as an agent in such a case UNLESS:
(a)the person whose details are represented in the account properly enters into a binding agreement for membership with Makesbusiness.com at the time the account is created; and
(b)that member has instructed the agent to create the account or has explicitly consented to the agent performing the task; and
(c)in creating the account there is no intention to mislead any other person as to any aspect of the identity of the member.
2.4 As your account is personal to you, the member, you may not transfer your account to any other person or entity nor may you allow your account to be used by any other person unless they are acting in the capacity of an agent as described above.
2.5 You recognise and understand that by becoming a member of Makesbusiness.com you are agreeing to the publication on www.Makesbusiness.com.com (or any other website owned and operated by Makesbusiness.com) of any of your personal data (as defined under the Data Protection Act 1998) that you make available to us by way of submission from an account to the website.
2.6 You further agree that, in the event of a sale of the business of Makesbusiness.com (or substantial part of the business) you consent to all of your Content (which may include personal data) being sold and transferred to the buyer and that prior to the conclusion of any such sale a prospective buyer may have access to any of your Content as may at the time of that access be retained by Makesbusiness.com.
3. NO UNLAWFUL OR PROHIBITED USE
3.1 As a condition of your membership, you promise to Makesbusiness.com that you will not use this website for any purpose that is unlawful or prohibited.
3.2 Makesbusiness.com makes available facilities for the use of members by which means members can send electronic mail messages to single or multiple email addresses of other members or non members. Such facilities, for example the 'Invitation' facility; In order to connect with others on Makesbusiness.com, you may use the Invitation facility to send invitations either to their Makesbusiness.com profile or email addresses if they are not a Member. The names and email addresses of people whom you invite will be used to send your invitations and reminders as well as to allow Makesbusiness.com to help expand your network. Information entered into the Invitation facility is only viewable by you. By providing email addresses or other information of non-Members to Makesbusiness.com, you represent that you have authority to do so. The invitation facility may not be used for the sending by any person of unsolicited electronic mail using the account of a member to persons who have not consented to such communications unless:
(a) that person or the member has obtained the contact details of the recipient of that electronic mail in the course of the sale or negotiations for the sale of a product or service to that recipient;
(b) if (a) is the case, the electronic mail is in respect of that person's or member's similar products and services only; and
(c) at the time of sending the electronic mail the recipient is given a simple means of refusing (free of charge) the use of his contact details for the purposes of such electronic mail, AND had also been given such an opportunity at the time that the recipient's details were initially collected, and, where he did not initially refuse the use of the details, at the time of each subsequent communication.
The sending of such unsolicited electronic mail will almost certainly be unlawful under the laws. Members who send unsolicited electronic mail (whether unlawful or not) using any of the facilities of Makesbusiness.com will be in breach of these Terms of Membership.
3.3 As the actions of a member who breaches the provisions of clause 3.3 may cause legal liability to attach to Makesbusiness.com, the member whose account is used for the sending of unsolicited electronic mail will indemnify Makesbusiness.com from the consequences of any such breach including without limitation, making good of any costs, penalties, fines, interest, damages or losses of any nature accruing to Makesbusiness.com. This indemnity shall survive the termination of an agreement for membership between Makesbusiness.com and the member whose account has been used to send the unsolicited electronic mail. The provisions of this clause shall not affect any other rights or remedies that may otherwise be available to Makesbusiness.com.
3.4 For clarification, the act of joining Makesbusiness.com shall be an agreement by the member to receive email correspondence from other members of Makesbusiness.com, Makesbusiness.com or its partners unless an opt out has been notified to Makesbusiness.com.
3.5 You should not apply to become a member of Makesbusiness.com if you are under the age of 16 years, or are a resident in a state where joining Makesbusiness.com or using (some or all of) the facilities of Makesbusiness.com is unlawful. Should it be found that this has been the case, Makesbusiness.com may terminate your membership without further notice and without liability to you.
4. SECURITY
4.1 Members are responsible for providing all personal computer and communications equipment necessary to gain access to the website. Access to and use of the website is through a combination of a username and a password. Each Member must keep their username and password strictly confidential and only share it with a third party if this third party has permission to assist with the management of their account in some way. Remember your password! For security reasons, Makesbusiness.com will not release passwords except as may be specifically required by law or court order.
4.2 You must promptly inform Makesbusiness.com of the following:
(a)changes in the expiration date of any credit card used in connection with the provision of any subscription service;
(b)changes in home or billing address;
(c)any breaches or apparent breaches of security, such as loss of, theft of, or unauthorised disclosure or use of any account security information or password.
4.3 Following any breach of security on your account, until Makesbusiness.com receives a notification from you by e-mail to webmaster@Makesbusiness.com.com of a breach in security, you will remain liable for any improper use of your account.
5. RULES OF MEMBERSHIP AND TERMINATION
5.1 You may end your agreement for membership with Makesbusiness.com at any time by notice. You can send notice by email or by conventional post to Makesbusiness.com. In considering whether a member has been in breach of any of these Terms of Membership, whether a subscription member or otherwise, Makesbusiness.com will have regard to the Makesbusiness.com Community Values which can be found here >.
5.2 Makesbusiness.com may withdraw the rights of any non-subscription member to use the facilities available to members at any time and without cause. Because of the nature and size of the membership of Makesbusiness.com, Makesbusiness.com will not be under any obligation to contact individuals about the withdrawal of rights, disclose the reasons for that withdrawal or to enter into any correspondence or negotiation about it. A withdrawal of the rights to use the facilities will amount to a termination of membership unless Makesbusiness.com publishes (on the website) information to the contrary.
5.3 Makesbusiness.com will be able to suspend and / or terminate any account which it reasonably believes is a 'Fake Account' without notice. In becoming a member you understand and agree that if you are found (on the balance of probabilities) to have participated in, assisted in, endorsed or been a party to the creation of a Fake Account, Makesbusiness.com may publish that finding on the website and you will be regarded as being a party to the breach of these Terms of Membership. A 'Fake Account' is an Makesbusiness.com account opened by a person (or for a person) or used by a person (or on behalf of a person) where at any time during the existence of the account:
(a) the account is used or operated in such a manner as to mislead any other member as to the identity of the user or operator; or
(b) the account is used or operated by any person having the intention to mislead any party as to his or her identity; or
(c) the details of the account which are available in any format to any other member are not those of the person using or operating the account; or
(d) the account is created or used or operated by any person who is not a member of Makesbusiness.com or is prohibited from being a member.
An account will not be a Fake Account by reason only of its use or operation by an agent acting as such and the provisions of clause 2.3(a) to (c) inclusive are met.
5.4 Makesbusiness.com will also be entitled to terminate membership if the member has;
(a)committed a breach of these Terms of Membership;
(b)opened an account with Makesbusiness.com utilising any information which is false or is used with the intention to mislead;
(c)used any material on Makesbusiness.com in breach of copyright or other intellectual property rights of the owner;
(d)utilised Makesbusiness.com in furtherance of any act which amounts to a crime or which is unlawful in either case under the law;
(e)opened another account using any details or in any name following a termination of that person's membership and no written permission has been given for that person to reapply for membership;
(f)(other than when acting as an agent and the provisions of clause 2.3(a) to (c) inclusive are met) passed themselves off as being a member by operating that member's account, with or without permission;
(g)operated any account or provided any information to any person by use of Makesbusiness.com with intent to mislead any person as to the true state of affairs;
(h)purported to be or represent (without the requisite authority) an Makesbusiness.com official, leader of any online forum, guide or host, or falsely stated or otherwise misrepresented an affiliation with a person or entity;
(i)made, used, downloaded, distributed or otherwise copied, or provided (whether or not for any consideration) to any person or entity any list of users of Makesbusiness.com or Makesbusiness.com services or any portion thereof except as is agreed by Makesbusiness.com and does not contravene the rights of any individual under the Data Protection Act 1998;
(j)harvested or otherwise collected information appearing on Makesbusiness.com or available through its services about other persons, including email addresses except when explicit or implied consent has been given by that person and where acceptable in order to properly participate in the use of the website.
5.5 Where any membership is terminated under the foregoing provisions (a) to (j) of clause 5.4, by operation of these Terms the member is on notice that Makesbusiness.com will not knowingly allow any future membership for that person unless it has first issued an agreement in writing to that effect. That agreement (to future membership following a termination) may be withheld at Makesbusiness.com's discretion and without obligation to give reasons. This provision will apply equally to any person who Makesbusiness.com reasonably believes is responsible for the creation use or operation of a Fake Account.
5.6 Makesbusiness.com will not be under any duty to disclose any member's contact details or Content to any member who has terminated their membership or had their membership terminated by Makesbusiness.com.
5.7 When a member's account is to be ended, all personal data and records will be removed from public access and dealt with in accordance with the provisions of any relevant statute or regulations that are then in force. That member will remain liable for any payments or charges which are due and owing to Makesbusiness.com as at termination of membership.
5.8 Makesbusiness.com reserves the right to deny in its sole discretion any visitor or member access to Makesbusiness.com website, specific areas of the website or functionality or features of the website, either via the Feedback System or any other method it chooses.
6. SUBSCRIBING AND BUYING FROM Makesbusiness.com - RIGHTS TO CANCEL
6.1 The terms in this clause 6 only apply to purchases of services of Products made by you from Makesbusiness.com and not to any transactions that you enter into with one of Makesbusiness.com's associates or advertisers.
6.2 If you are not making a purchase from Makesbusiness.com as a business but are buying a service, such as a subscription membership or any Products as a consumer, you will have the right to cancel your order for any reason (including if you simply change your mind) within 7 working days from the date of our confirmation of your order. If you wish to exercise that right to cancel you must notify Makesbusiness.com by email within those seven (7) working days.
6.3 In the case of a service or subscription membership, you agree that any use by you of the services will be deemed to be an instruction to Makesbusiness.com that you have waived any right of cancellation available under the law. Therefore as soon as you start to use any of the services available to you as a subscription member, the right to cancel the subscription will cease.
6.4 In the case of a purchase of Products, if you have not received the ordered Products by the time you cancel the order and you are still within the cancellation period, then, subject to provisions which bring the right to cancel to an end, Makesbusiness.com will arrange a refund to you of all the monies paid (including delivery charges where applicable) as soon as possible and in any event within 30 days of your cancellation.
6.5 If, during the cancellation period, there has been no delivery by the time you cancel the order, but the Products have been despatched for delivery, then you must not unpack them when received. While in your possession, you must keep any Products you intend to return to Makesbusiness.com in good condition. You will be responsible if they are lost, damaged or destroyed whilst they are in your possession or under your control. They must be returned to Makesbusiness.com as soon as possible following which Makesbusiness.com will refund to you all the monies paid by you, in the same form of payment originally used for the purchase, as soon as possible and in any event within 30 days of your cancellation being accepted less the cost of collection of them.
6.6 If you cancel your order during the cancellation period and have received Products by the time of cancellation, then those Products must be returned to Makesbusiness.com as soon as possible. You will have become the owner of those Products once they have been delivered and so you will be responsible if they are damaged, lost or destroyed. Those Products must be returned to Makesbusiness.com as soon as possible following which you will have all the monies paid by you for those Products refunded, less the cost of collection (if any), in the same form of payment originally used for the purchase as soon as possible, and in any event within 30 days of your order being accepted, PROVIDED THAT the Products are received by Makesbusiness.com in the condition that they were in when delivered to you.
6.7 If you do not return the Products to Makesbusiness.com following a cancellation of the order allowed by these terms or under the law, Makesbusiness.com may deduct the direct costs of recovering the Products from the amount to be refunded to you.
6.8 If:
(a) the Product delivered is not what you ordered (including any Substitute Products), or does not correspond with its description (allowing for any distorted representation of a description due solely to the computer equipment on which you viewed our website);
(b) the Product delivered is not of a satisfactory quality, including because of damage prior to the act of delivery,
then Makesbusiness.com will, at its option, deliver to you a replacement Product or refund to you the price paid and your reasonable costs of returning the Products.
6.9 For any purchase of software, you understand and agree that it is provided 'as is' and to the extent permissible (and without affecting you statutory rights arising under the law) no warranty of any kind is given or is to be implied and Makesbusiness.com does not promise that software you order will be fit for any particular purpose nor that it will be error free.
6.10 Makesbusiness.com shall be under no obligation to provide any new releases or upgrades to any software Product.
7. WHEN THE RIGHT TO CANCEL DOES NOT APPLY
7.1 The right to cancel given at clause 7 does not apply to any purchase and download of any software from the website. Where software is bought as a Product (i.e. it is contained in a disc or other tangible item which is delivered to you) the right to cancel will cease as soon as you have broken any seal or wrapper on the item.
7.2 Please note that if you ask Makesbusiness.com to alter any Product before delivery or to carry out any sort of process that renders the Product unique, then the right to cancel will not apply to your order once Makesbusiness.com have started to carry out such alteration or process.
7.3 If you are buying Products in the course of business, Makesbusiness.com shall have the right to refuse to accept any cancellation or purported cancellation you may make. In particular no cancellation will be accepted of orders for Products which are not normally stocked or sold by Makesbusiness.com or if the manufacture or obtaining of such Products is in the process of being completed. However, if:
(a) the Product delivered is not what you ordered (including any Substitute Products), or does not correspond with its description (allowing for any distorted representation of a description due solely to the computer equipment on which you viewed our website);
(b) the Product delivered is not of a satisfactory quality, including because of damage caused prior to the act of delivery,
Makesbusiness.com will at its option, deliver to you a replacement Product or refund to you the price paid and your reasonable costs of returning the Product.
8. COMPLAINTS, MEMBERS BEHAVIOUR
8.1 From time to time Makesbusiness.com receives complaints about the conduct of a member or the operation of an account. If a complaint is received about you or your behaviour has come into question for some other reason¸ Makesbusiness.com shall have the right to suspend your account and any other account which it reasonably believes that you may use or have access to whilst an investigation is carried out. After the investigation the account(s) may be reinstated or terminated.
8.2 Suspension during investigation is entirely at Makesbusiness.com's discretion. Makesbusiness.com shall have the right to remove without notice any Content including without limitation bulletin board postings, articles, weblogs and private messages.
8.3 It must be appreciated that any details which may identify a complainant will not be given to you unless the complainant is (because of the attendant circumstances) already known to you, or the complainant has explicitly agreed or the operation of the law requires such disclosure.
8.4 Makesbusiness.com will carry out the investigation process as soon as is reasonably possible and will seek to gather all pertinent facts. Unless the account under investigation is a Fake Account or is reasonably believed to be a Fake Account, a member subject of such an enquiry will be informed of the investigation by email to the last email address given to Makesbusiness.com for contact and invited to make any representations as to the matter under investigation. Representations can be made up until the point where Makesbusiness.com has closed its investigation.
8.5 Makesbusiness.com may need to seek information from a number of sources and therefore no definite timetable can be put forward for the conclusion of the investigative stage.
8.6 If it is reasonable to conclude that there has been a breach of these Terms of Membership or of a Subscription Agreement, Makesbusiness.com may at its discretion:
(a)take no action; or
(b)issue an advisory request to the member concerning his or her conduct; or
(c)continue the suspension of the member's account for a period that shall not exceed [3 months]; or
(d)terminate the member's membership by email notice; or
(e)in the case where the account is or may reasonably be supposed to be a Fake Account, terminate that account without notice.
Other than in the case of a Fake Account, the member subject to any sanction imposed by Makesbusiness.com will have the right to make an appeal in writing to Makesbusiness.com's registered office address provided any such appeal is received within 14 days of the imposition of the sanction.
8.7 Makesbusiness.com shall not be under any obligation to disclose to the member subject of the investigation any material or evidence gathered.
9. LIABILITY FOR FAKE ACCOUNTS
9.1 Where the termination OF AN ACCOUNT BY Makesbusiness.com results from a finding that the member has created a Fake Account or has breached any of the provisions at clause 5.4, sub-clauses (b), (e), (f), (g) and (h), the member in question shall be liable to pay to Makesbusiness.com the sum of £475 by way of liquidated damages. In applying for membership, you will be taken to agree that such damages are a reasonable pre-estimate of the costs of the labour and other administration charges incurred in searching for, redacting and / or removing from the website all that material or part of that material (depending upon the circumstances of the breach) posted by or on behalf of the member in breach and the taking of such steps as are necessary to mitigate any potential damage caused to other members and to Makesbusiness.com.
9.2 Nothing in 9.1 above is intended to limit the effect of the indemnities at clause 17.
10. LIMITATIONS AND EXCLUSION OF LIABILITY
10.1 You expressly understand and agree that, to the maximum extent permitted by applicable law, Makesbusiness.com (or any party engaged by Makesbusiness.com to deliver services to members or any resellers acting by agreement with Makesbusiness.com) shall not be liable to you for:
(a) any consequential loss including loss of chance or opportunity, for any economic loss including loss of profits or anticipated profits, or for any damages costs or expenses incurred by you whether arising out of breach of contract or by reason of breach of any duty owed to you; or
(b) for any loss of employment or employment opportunity; or
(c) for any loss of the opportunity to obtain some position or office; or
(d) for any loss of or corruption to any software, or loss of any data or information from any computer or system used by you to access Makesbusiness.com, or for any modifications or deletions made to such computer or system or to any files therein
resulting from any use by you, whether direct or indirect, of any services provided to you by Makesbusiness.com, of any information or advice appearing on the Makesbusiness.com website or provided in or by any services offered by Makesbusiness.com or any software offered by Makesbusiness.com, of any failure of performance of the website, any error, omission, interruption, deletion, defect, delay in operation or the failure of any transmission, or of any communications facility, or any theft, destruction or unauthorised access to, alteration of, or use of Makesbusiness.com records in circumstances which were beyond Makesbusiness.com's reasonable control.
10.2 To the extent that any provision of sub-clause 10.1 is found to be ineffective, you agree that the remaining provisions of the sub-clause shall continue to be of full effect.
10.3 Nothing in this clause 8 is intended to limit or exclude the liability of Makesbusiness.com for causing the death or personal injury of any person or for any fraudulent misrepresentation.
10.4 Should Makesbusiness.com be liable to you for any breach of contract or of any duty arising from such contract, Makesbusiness.com's liability shall be limited to the aggregate of any amount paid by you to Makesbusiness.com under that contract or £100, whichever is the greater.
11. WARRANTIES AS TO THE WEBSITE
11.1 Makesbusiness.com does not warrant to you that access to or use of the website or any services provided by Makesbusiness.com will be available at all times, or will be uninterrupted or error free. No warranty as to quality or fitness for purpose of the website or its facilities is intended or given.
11.2 Makesbusiness.com does not warrant that access to the website or access to the full facilities or services available through the website will be possible on your internet access equipment or that your internet access equipment will be capable of allowing you access to the website or any services.
11.3 Makesbusiness.com does not warrant that the website or any services will be available to you for use in every area of the world, or that it will be continuously available for use or that it will be error free or available continuously.
11.4 Makesbusiness.com does not warrant that your use of the website or of any services provided by Makesbusiness.com is lawful in any particular part of the world and in accepting these Terms of Membership you accept that you will have responsibility for any use of the website or any services in a place where that use is unlawful and shall indemnify Makesbusiness.com for any losses caused arising from such unlawful use.
11.5 Makesbusiness.com gives you no warranty or guarantee concerning any information provided by any member through the website and where advice appears on the website, you accept that you act upon that advice at your own risk and that Makesbusiness.com do not offer that advice or endorse it in any way unless that fact is explicitly stated on the website.
11.6 Makesbusiness.com does not endorse or guarantee the business of any of its members, their products or services. Makesbusiness.com does not control Content posted by members onto the website and, as such, does not guarantee the accuracy, integrity or quality of such Content.
11.7 Members enter into a trading relationship with other members, advertisers or Visitors at their own risk and take full responsibility to undertake their own due diligence prior making an arrangement or agreement of any sort.
11.8 It is possible that the access number you have programmed for use by your dial-up modem to connect to the internet may be a telephone number that results in additional or long distance charges being billed to you by a third party, You are solely responsible for determining whether the access number you use is subject to any additional charges even if such number was presented by Makesbusiness.com as an appropriate access number for your area. It is your responsibility to contact your telephone company to determine whether the access number you select is subject to additional charges. You agree to pay any charges you incur by using a long distance telephone number to connect to the website, including those that may be billed to you by a third party. Makesbusiness.com will not reimburse you for any charges incurred by you as a result of selecting an access number that is subject to additional and/or long distance charges.
12. NO PROFESSIONAL ADVICE
12.1 Nothing contained in Makesbusiness.com is intended to constitute investment, legal, tax, real estate, medical, accounting or other personal or professional advice, and you should not rely solely on the reports, data, and other information provided to you as part of Makesbusiness.com for making decisions.
12.2 Information provided within Makesbusiness.com is for informational purposes only. You should consult with an appropriate professional for specific advice tailored to your situation and/or verify the accuracy of information provided to you before making any decision.
13. RULES ON THE USE OF WEBLOGS, BULLETIN BOARD, CHAT ROOMS AND OTHER COMMUNICATIONS FORUMS
13.1 Without the advance express written permission of Makesbusiness.com, you may not 'meta-search' Makesbusiness.com subscription services, send, or cause to be sent, any automated queries of any sort to Makesbusiness.com subscription services, or use Makesbusiness.com subscription services in any commercial manner.
13.2 You may not copy, replicate, modify, distribute, display, perform, create derivative works from, transfer or sell any information, software, products or services obtained from Makesbusiness.com.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.
13.3 The Makesbusiness.com website contains bulletin boards, marketplace, chat rooms and other message or communication facilities (each a "Forum", collectively, "Forums"). You agree to use all such facilities only to send and receive messages and disseminate information or opinion which is proper and related to the topic of the particular Forum.
13.4 You agree that when participating in a Forum or in sending messages, 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) by any repeated action, to attempt to demean, belittle or intimidate another person or member;
(c) publish, post, distribute, link or disseminate any defamatory, infringing, obscene, pornographic, foul language, swearing, indecent, libellous or unlawful material or information;
(d) 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;
(e) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
(f) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
(g) falsify the origin or source of software or other material contained in a file that is uploaded;
(h) view, intercept, or attempt to intercept e-mail or other private communications not intended for you;
(i) use your e-mail accounts in the text of unsolicited e-mail messages or Web sites as an address to which subscribers, members or other Internet users can respond;
(j) view, intercept, or attempt to intercept e-mail or other private communications not intended for you.
13.5 Except to the extent allowed, you must not advertise, or offer to buy or sell any goods or services, or conduct or forward any surveys, contests or chain letters. In no event may you use any Forum to advertise or sell any goods or services which you are in the business of advertising or selling.
13.6 You acknowledge that all Forums are public and not private communications and Makesbusiness.com has the right to monitor all communications on the website. Further, you acknowledge that Makesbusiness.com does not have any liability for any chats, postings, conferences, and other communications by other users, and such communications shall not be considered reviewed, screened, or approved by Makesbusiness.com. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such material originated. This means that you, and not Makesbusiness.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the website.
13.7 You understand that by using Makesbusiness.com website, you may be exposed to Content that you consider to be offensive, indecent or objectionable.
13.8 Under no circumstances will Makesbusiness.com be liable to you in any way for your use of any website that chooses to link to the Makesbusiness.com website or which may display some of its Content on the Makesbusiness.com website.
14. WHAT Makesbusiness.com IS NOT
14.1 Makesbusiness.com is NOT generally a recruitment database. However, Makesbusiness.com do specifically give authority to members advertising jobs and career opportunities in the relevant sections of Makesbusiness.com Marketplace.
14.2 Makesbusiness.com is NOT a Network Marketing or MLM (Multi Level Marketing) company and will not accept activity to either recruit members to the marketing network of the MLM company or promote the MLM company itself. This applies within its membership or at its events, this includes text, keywords and links in profile pages or anywhere else on the website or material at networking events. In the event of a member, profiting directly through the use of the information provided within the member's homepage or from sending information about the Network Marketing or MLM (Multi Level Marketing) company to the membership the individual's membership to Makesbusiness.com will be terminated immediately. For clarity, Members will not be in breach of this condition if they include or provide a product or service that is sourced from a multi-level marketing, referral marketing or similar organisation and that product or service is provided as part of that members own product or service offering to their customers and clients.
14.3 Makesbusiness.com is NOT a "free to advertise site or database" - the sending of unsolicited emails (SPAM) advertising products or services, or inviting others, using Makesbusiness.com Forums, by any private messaging system, export contact tools, invitation tools or directly to members e-mail addresses is NOT PERMITTED WITHOUT THEIR PERMISSION. Any instant messages or emails from one member to another may not be carried out using Makesbusiness.com's, or third party's services to relay your message or with the intention of hiding the origination of your message or message. The collection of Makesbusiness.com members e-mail addresses from the profile pages or from the database (except using export tools where available) for ANY use without the written permission of Makesbusiness.com is considered as theft, legal action may be taken against offenders.
14.4 Makesbusiness.com will not mediate disputes between members and does not accept any liability to any party whatsoever for any disputes arising due to postings on the website, messages, emails, telephone call or meetings by a particular member(s). Makesbusiness.com shall not be obliged to publish any information about disputes between members or arising from such disputes.
15. SOFTWARE AVAILABLE ON THE WEBSITE
15.1 Software (if any) that is made available to download from the website is either the copyrighted work of Makesbusiness.com and / or its suppliers, or is made available by a member. Your use of any software (being software which is not made available by a member) ("Software") is governed by the terms of any applicable end user license, if any, which accompanies or is included with the software ("License Agreement").
15.2 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, Makesbusiness.com hereby grants to you, the user, a single personal, non-transferable license to use the Software for the purpose only of using the website and its functions as clearly intended by Makesbusiness.com.
15.3 Please note that all Software, including without limitation all HTML code and Active X controls contained in this website, is owned by Makesbusiness.com and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software without permission in writing is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
15.4 Any reproduction of Software for any commercial exploitation by any party is prohibited. Software is provided 'as is' and without any
15.5 You acknowledge and agree that Makesbusiness.com may automatically check the version of Software and components you are utilising and may provide upgrades to such Software that will be automatically downloaded to your computer, in which event you will be responsible for all resulting charges including, without limitation, connect time charges and local or long distance telephone charges, if any.
15.6 You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations. You agree not to export or re-export the Software, directly or indirectly, to any countries.
16. OWNERSHIP AND LICENSING OF CONTENT AVAILABLE THROUGH Makesbusiness.com
16.1 All Content of the Makesbusiness.com website or made available in the provision of any subscription services by Makesbusiness.com, including without limitation, information, designs, logos, text, pictures, film, photographs, streaming video, video, graphics, any music or sound, any digital reproduction of any of the foregoing and any software that are made available to visitors to the website and members of Makesbusiness.com is owned by and is the copyrighted work of Makesbusiness.com and/or its suppliers or members (as the case may be) and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Content without permission in writing is expressly prohibited.
16.2 By agreeing to become a member of Makesbusiness.com, you irrevocably licence Makesbusiness.com to publicly display any Content uploaded by you or on your behalf onto the website. Such licence shall survive the ending of your membership. Makesbusiness.com may display all or part of your Content on any page of the site and redact or edit it without your consent.
16.3 Makesbusiness.com does not claim ownership of any material you make available to Makesbusiness.com (including feedback and suggestions) by the fact of allowing it to be published on the website (each instance being a "Submission"). However, by posting, uploading, inputting, providing or submitting (to "Post" or to make a "Posting") your Submission onto the website you are granting Makesbusiness.com, and its sub contractors and companies or bodies with whom Makesbusiness.com partners on the website from time to time, permission to use your Submission in connection with the operation of the business of Makesbusiness.com (whether by operation of the website or otherwise) and you now grant to Makesbusiness.com without limit as to time and irrevocably the following rights:
(a) to copy, distribute, transmit, publicly display, publicly perform on a worldwide basis, to reproduce, edit, translate and reformat your Submission;
(b) to publish on the website or elsewhere your name in connection with your Submission;
(c) the right to sublicense such rights to any supplier or sub contractor of Makesbusiness.com.
16.4 You understand that unless Makesbusiness.com has explicitly agreed to the contrary, no compensation will be paid with respect to the use of your Submission. Makesbusiness.com is under no obligation to publish or use any Submission you may provide and Makesbusiness.com may remove any Submission at any time in its sole discretion.
16.5 By Posting a Submission you warrant and represent that you own or otherwise have all requisite authority or licence over the entirety of each of your Submissions including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions including, without limitation, where your Submission contains images, photographs, pictures or that are otherwise graphical in whole or in part ("Pictures"):
(a) that each person depicted in such Picture, if any, has provided consent to the use of the Picture by you;
(b) that you are the owner or have all the rights of the owner of the Picture, and
that you now indemnify Makesbusiness.com against any losses, damages, costs, penalties and interest caused by or arising from any action, claim, demand or requirement lawfully made against Makesbusiness.com brought about because of your Submission of a Picture.
16.6 By Posting a Picture, you are granting (in addition to the rights specified at clause 16.5 above):
(a) to all members of any Forum in which you are participating and on which you make the Submission (for each such Picture) and / or
(b) to the public at large (for each such Picture available anywhere on Makesbusiness.com, other than a private community), and/or
(c) to any person with whom you share Pictures through email using Makesbusiness.com,
permission to use your Picture in connection with the business of Makesbusiness.com, (including, by way of example, and not as a limitation, downloading, printing and making prints and gift items which include such Picture). The licenses granted in this clause for a Picture will terminate at the time you completely remove such Picture from Makesbusiness.com, provided that such termination shall not affect any licenses granted in connection with such Picture prior to the time the Picture is completely removed.
17. LINKS TO THIRD PARTY SITES
17.1 This website may contain hyperlinks to websites operated by parties other than Makesbusiness.com. Such hyperlinks are provided for your reference only. Makesbusiness.com does not control such websites and is not responsible for their Content. Makesbusiness.com's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
17.2 Members have a number of search engine optimization options available on Makesbusiness.com to help them optimize their own Content for potential discovery and inclusion by search engines. Members may also include external links within their Marketplace adverts, profiles, blogs and other posts on Makesbusiness.com. For example, the inclusion of a link to their website in their signature.
17.3 Members who are found to be using hidden links, repetitive links or blatantly attempting to spam Makesbusiness.com and / or search engines may have their Content removed or account closed without warning.
17.4 Any dealings with third parties (including advertisers) included within services provided by Makesbusiness.com or participation in promotions, including the delivery of and the payment for goods and services, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Makesbusiness.com shall not be responsible or liable for any part of any such dealings or promotions.
18. MODIFICATION OF THESE TERMS AND CONDITIONS
Makesbusiness.com reserves the right to change the terms, conditions and notices under which this website is offered without notice.
19. INDEMNITY
19.1 Where it is found that a member has been in breach of any of these Terms of Membership (or where it is the case, any terms of a Subscription Agreement), he or she shall indemnify Makesbusiness.com for and against any loss or damage (to include reasonable legal costs, penalties, interest or costs reasonably incurred in mitigating any loss or damage) sustained by Makesbusiness.com and / or any party, including a party to whom Makesbusiness.com owes a duty under law, which arises because of the breach by that member. This indemnity shall continue notwithstanding the ending of this agreement for membership.
19.2 You now agree to indemnify and hold Makesbusiness.com, and its subsidiaries, affiliates, agents, co-branders or other partners and employees, harmless from any claim or demand, including reasonable legal fees, made by any Makesbusiness.com member or by any third party against any of the aforementioned indemnified parties due to or arising out of any Content you submit, post, transmit or make available through the Makesbusiness.com website or on any website to which Makesbusiness.com links or which displays some Content of the Makesbusiness.com website, your use of the Makesbusiness.com website, your connection to Makesbusiness.com website, or your violation of any rights of another.
19.3 Makesbusiness.com will notify you of any claim for which Makesbusiness.com seeks indemnification as soon as is reasonably practicable and will afford you the opportunity to participate in the defence of such claim, provided that your participation will not be conducted in a manner prejudicial to Makesbusiness.com's interests, as reasonably determined by Makesbusiness.com.
19.4 Where permissible under relevant law, this indemnity will extend to any claim, demand, award of damages, penalty, costs, interest and reasonable legal fees suffered by or demanded from Makesbusiness.com under the law of any jurisdiction.
19.5 Where by operation of the law, any provision contained in the indemnities given in this clause 17 is found to be of no effect, you agree that the other provisions of that clause may still be construed as being in full force and effect.
20. GENERAL
20.1 You are agreeing that your membership will be subject to the law. You hereby consent to the exclusive jurisdiction of the courts of Makesbusiness.com in all disputes arising out of or relating to the use of this website. Use of this website is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms of Membership, including without limitation this paragraph.
20.2 You agree that no joint venture, partnership, employment, or agency relationship exists between you and Makesbusiness.com as a result of your agreement to these Terms of Membership or use of this website.
20.3 Makesbusiness.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Makesbusiness.com's right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by Makesbusiness.com with respect to such use.
20.4 If any part of this agreement for membership 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 agreemnt shall continue in effect.
20.5 Makesbusiness.com operates paid subscription membership services - the terms and conditions of these services are here >
The agreement resulting from your acceptance of these Terms of Membership, together with any further terms that may be applicable as regards subscription membership and any extra terms that may apply to specific types of service provided in Makesbusiness.com shall constitute the entire agreement between you and Makesbusiness.com with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Makesbusiness.com with respect to this website. 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.
20.6 Where fictitious names of companies, products, people, characters and/or data are used on the website by Makesbusiness.com, there is no intention to represent any real individual, company, product or event.
Any rights not expressly granted herein are reserved.
© 1998 - 2010 The Makesbusiness.com Ltd. All rights reserved.