Terms and Conditions

TERMS AND CONDITIONS OF SERVICE

INTERPRETATION
1. The definitions and rules of interpretation apply to these terms and conditions of service and in relation to the Site ("Conditions").
  "Associate Member"
  A Customer who by virtue of their application and/or payment of a subscription fee will be permitted to upload data to the Site, view the Site, but not search the Site;
  
  "Contract"
  the Customer's application and the Supplier's acceptance of it under condition 2.2;
  
  "Customer" or "you"
  the person, firm or company who subscribes for Services from us, being a Member or an Associate Member;
  
  "Intellectual Property Rights"
  all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world;
  
  "Member"
  A Customer who by virtue of their application and/or payment of a subscription fee will be permitted to view, search this Site, receive alerts and submit their own data onto this Site;
  
  "Services"
  the services to be provided by us under the Contract as set out herein, together with any other services which we provide, or agree to provide, to you;
  
  "Site"
  this website www.earthexchange.com owned and operated by us;
  
  "Subscription"
  a subscription to this Site which shall be for a minimum period of twelve months at a rate stipulated by us from to time;
  
  "Supplier" or "us" or "we"
  Earth Exchange Limited;
  
  "VAT"
  value added tax chargeable under English law for the time being and any similar additional tax.
APPLICATION OF CONDITIONS
1. These Conditions shall:
  1. apply to and be incorporated into the Contract; and
  2. prevail over any inconsistent terms or conditions contained, or referred to, in any specification supplied by you, or implied by law, trade custom, practice or course of dealing.
2. Your application and/or payment of a Subscription fee constitutes an offer by you to use and/or purchase the Services specified in it on these Conditions. No offer placed by you shall be accepted by us other than:
  1. an acknowledgement issued and executed by us; or
  2. by us providing the Services,
  when a contract for the supply and use of the Services on these Conditions will be established. Your standard terms and conditions (if any) attached to, enclosed with or referred to in any purchase order or other document shall not govern the Contract.
COMMENCEMENT AND DURATION
1. The Services supplied under the Contract shall be provided by us to you from the date of acceptance by us of your Membership/Associate Membership application form and/or payment of a Subscription fee in accordance with condition 2.2.
2. Subject to condition 13, the Services supplied under the Contract shall continue to be supplied for a minimum period of 12 months from the date of your Subscription payment.
3. You may terminate this Contract on three months notice to us in writing provided that notice may not be given prior to the expiry of nine months from the date of the initial Subscription payment.
OUR OBLIGATIONS
We shall use reasonable endeavours to manage or provide the Services, to you, in all material respects.
YOUR OBLIGATIONS
1. You will pay the Subscription in one annual payment or monthly or quarterly by bank cheque, BACS transfer, direct debit or other means agreed with us.
2. If the performance of our obligations under the Contract is prevented or delayed by any act or omission by you or your agents, subcontractors, consultants or employees, we shall not be liable for any costs, charges or losses sustained or incurred by you arising directly or indirectly from such prevention or delay.
3. You shall be liable to pay to us, on demand, all reasonable costs, charges or losses sustained or incurred by us (including, without limitation, any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) arising directly or indirectly from any fraud, negligence by you, failure to perform or delay in the performance of any of your obligations under the Contract, supply of incorrect data to the Site subject to us confirming such costs, charges and losses to you in writing.
4. You may be provided with, a key fob user identification code, password or any other piece of equipment or information as part of our security procedures. You must treat such information or property confidential, and you must not disclose or lend it to any third party. We may disable any key fob user identification code or, password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. Any such key fob will remain our property and we may impose a reasonable charge for replacing it should it be lost by you.
5. When using the Site, you must comply with the provisions of our Terms of Website Use which includes our Acceptable Use Policy.
6. By applying for Membership/Associate Membership you are accepting the terms of our Privacy Policy.
CHARGES AND PAYMENT
1. In consideration of the provision of the Services by us, you shall pay the Subscription as set out on our Site from time to time by way of bank cheque, direct debit or other means agreed with us. All charges quoted shall be exclusive of VAT;
2. You agree that we may review and increase the Subscription on an annual basis and may review and increase the Subscription or impose charges in response to the release of additional services from time to time.
3. Without prejudice to any other right or remedy that we may have, if you fail to pay the Subscription or any part thereof on the due date or dates, we may:
  1. charge interest on such sum from the due date for payment at the annual rate of two per cent above the base lending rate from time to time of Barclays Bank plc, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment and you shall pay the interest immediately on demand. We may claim interest under the Late Payment of Commercial Debts (Interest) Act 1998; and
  2. suspend all Services until payment has been made in full.
4. Time for payment shall be of the essence of the Contract.
5. All sums payable to us under the Contract shall become due immediately on its termination, despite any other provision. This condition is without prejudice to any right to claim for interest under the law, or any such right under the Contract.
6. We may, without prejudice to any other rights we may have, set off any liability of you to us against any liability of us to you.
7. Special Offers - We may make available from time to time special offers, details of which will be presented on our Site from time to time. Where such a Special Offer grants free subscription to new Members or Associate Members, the period of free subscription shall be as advertised on our Site. On cessation of the free subscription period Conditions 3, 5.1 and 6.1 - 6.6 shall then apply
INTELLECTUAL PROPERTY RIGHTS
As between ourselves, all Intellectual Property Rights relating to the Site and the Services shall be owned by us absolutely.
CONFIDENTIALITY AND OUR PROPERTY
1. You shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and may have been disclosed to you by us, or to your employees, agents, consultants or subcontractors and any other confidential information concerning our business or our products which you may obtain.
2. You may disclose such information:
  1. to your employees, officers, representatives, advisers, agents or subcontractors who need to know such information for the purposes of carrying out your obligations under the Contract; and
  2. as may be required by law, court order or any governmental or regulatory authority.
3. You shall ensure that your employees, officers, representatives, advisers, agents or subcontractors to whom you disclose such information comply with this condition 8.
4. You shall not use any such information for any purpose other than to perform your obligations under the Contract.
5. All data supplied by us to you shall, at all times, be and remain as between ourselves, the exclusive property of us.
GENERAL DISCLAIMER
1. We rely on data supplied by you and third parties to publicise on this Site information concerning materials and their availability/requirements in various parts of the country. You acknowledge that we have no control over the data and the accuracy thereof that may be accessed using the Site and we do not examine your use of the services or the nature of the data you are providing or uploading. We therefore disclaim all liability of any kind for the transmission or reception of such data of whatever nature.
2. You acknowledge and agree that it is your responsibility to ensure that any data which you supply to the Site is accurate and up to date.
3. You acknowledge and agree that any material you choose to acquire or dispose of through utilisation of this Site and any database maintained by us is your responsibility.
4. You acknowledge and agree that where the sale or purchase of materials takes place you are required to leave brief details on that sale and purchase in the form of 'Feedback Items' which are automatically generated on our Site. You also acknowledge and agree to update and amend, where appropriate, details of all remaining material availabilities and/or requirements following any sale or purchase in accordance with Condition 9.2.
5. Any contract for the sale or purchase of material will be made between you and the seller or purchaser of such material as the case may be. We do not act as an agent of such buyer or seller and we do not accept any liability in respect of any contract, agreement or arrangement entered into between you and such buyer or seller.
6. We do not approve, endorse or recommend the suitability or quality of any of the material, sites, buyers or sellers of material publicised on this Site.
7. You agree not to hold us responsible for any damages, costs, claims or other liabilities arising from any contract or arrangement entered into between you and a third party. We cannot become involved in any dealings with third parties and in the event that you have a dispute with one or more such parties you hereby release us and our agents and employees from any and all costs, claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
WASTE LEGISLATION & REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals) REGULATIONS
1. Some if not all of the material publicised on this Site may be classed as waste under legislation in force from time to time (including without limitation the Environmental Protection Act 1990 and all regulations made thereunder).
2. You acknowledge that it is your responsibility to comply with all legislation, regulations and codes from time to time in force in relation to the handling, transferring, carrying or dealing in materials publicised on this Site whether classed as waste or otherwise and to obtain all necessary permits, licenses and registrations necessary to deal with such materials.
3. You acknowledge that the publication of data relating to material on this Site which may be required to be registered under the REACH Regulations and/or which may be classified as waste in law, does not imply that such material may be sold, transferred or dealt with without compliance by you with all relevant legislation or regulations relating to such materials.
LIMITATION OF LIABILITY
1. This condition 11 sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents, consultants, and subcontractors) to you in respect of:
  1. any breach of the Contract;
  2. any use made by you of the Services, or any part of them; and
  3. any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract.
2. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
3. Nothing in these Conditions limits or excludes our liability :
  1. for death or personal injury resulting from negligence; or
  2. for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us;
4. Subject to condition 11.2 and condition 11.3
  1. we shall not be liable for loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of use, loss of corruption of data or information, any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
  2. our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Contract shall be limited to the price or Subscription paid by you for the Services.
DATA PROTECTION
You acknowledge and agree that details of your name, address and payment record may be submitted to a credit reference agency, and personal data will be processed by and on our behalf in connection with the Services.
TERMINATION
1. Without prejudice to any other rights or remedies which the parties may have, we may terminate the Contract without liability to you on giving you written notice immediately if:
  1. you fail to pay any amount due under the Contract on the due date for payment and remain in default not less than seven days after being notified in writing to make such payment; or
  2. you commit a material breach of any of the terms of the Contract and (if such a breach is remediable) fail to remedy that breach within 30 days of being notified in writing of the breach; or
  3. you repeatedly breach any of the terms of the Contract in such a manner as to reasonably justify the opinion that your conduct is inconsistent with you having the intention or ability to give effect to the terms of the Contract; or
  4. you breach our terms of website use
2. On termination of the Contract for any reason:
  1. you shall immediately pay to us all of our outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, we may submit an invoice, which shall be payable immediately on receipt; and
  2. the accrued rights and liabilities of the parties as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination, shall not be affected.
3. On termination of the Contract (however arising), the following conditions shall survive and continue in full force and effect conditions 7,8,9,10,11,12 and 23.
FORCE MAJEURE
We shall have no liability to you under the Contract if we are prevented from, or delayed in performing, our obligations under the Contract or from carrying on our business by acts, events, omissions or accidents beyond our reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service including the internet or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery which shall include computers and servers, fire, flood, storm or default of suppliers or subcontractors.
VARIATION
1. We may, from time to time and without notice, change the Services in order to comply with any applicable safety or statutory requirements, provided that such changes do not materially affect the nature, scope of, or the charges for the Services.
2. We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Site.
WAIVER
1. A waiver of any right under the Contract is only effective if it is in writing and it applies only to the circumstances for which it is given. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy.
2. Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
SEVERANCE
1. If any provision of the Contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Contract, and the validity and enforceability of the other provisions of the Contract shall not be affected.
2. If a provision of the Contract (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
ENTIRE AGREEMENT
1. The Contract and the documents referred to in these terms constitute the whole agreement between us and supersedes all previous agreements between us relating to its subject matter.
2. We both acknowledge that, in entering into the Contract, neither of us has relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) (other than for breach of contract), as expressly provided in the Contract.
3. Nothing in this condition shall limit or exclude any liability for fraud.
ASSIGNMENT
1. You shall not, without our prior written consent assign, transfer, subcontract, or deal in any other manner with all or any of your rights or obligations under the Contract.
2. We may at any time assign, transfer, charge, mortgage, subcontract, or deal in any other manner with all or any of our rights under the Contract and may subcontract or delegate in any manner any or all of our obligations under the Contract to any third party or agent.
3. Each party that has rights under the Contract is acting on its own behalf and not for the benefit of another person.
NO PARTNERSHIP OR AGENCY
Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between us, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
RIGHTS OF THIRD PARTIES
A person who is not a party to the Contract shall not have any rights under or in connection with it.
NOTICES
1. Any notice or other communication required to be given under the Contract shall be in writing and shall be delivered personally, or sent by pre-paid first-class post, recorded delivery or by commercial courier to the other party .
GOVERNING LAW AND JURISDICTION
1. The Contract, and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales.
2. We both agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, the Contract or its subject matter.

TERMS OF WEBSITE USE

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.earthexchange.com ("our Site"), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. You also agree to abide by Google Maps API Premier terms and conditions from time to time in force a copy of which will be supplied upon request. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, you must refrain from using our site.

INFORMATION ABOUT US
www.earthexchange.com is a site operated by Earth Exchange Limited ("We"). We are registered in England and Wales under company number 06398139 and have our registered office at Brazennose House West, Brazennose Street, Manchester M2 5FE. Our main trading address is 1A Regents Street Estate, 2 Regents Street, Knutsford, Cheshire, WA16 6GR. We are a limited company.
ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our Site, or our entire Site, to users who have registered with us.

If you choose, or you are provided with, a key fob user identification code, password or any other piece of information or property as part of our security procedures, you must treat such information or property as confidential, and you must not disclose or lend it to any third party. We have the right to disable any key fob user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

When using our site, you must comply with the provisions of our acceptable use policy

You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others within your organisation to material posted on our Site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.

You must not use any part of the materials on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. We will use reasonable endeavours to ensure that information on our Site is up to date. However data is supplied by other users and third parties and we are under no obligation to update such material.
OUR LIABILITY
The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
We process information about you in accordance with our privacy policy. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.
TRANSACTIONS CONCLUDED THROUGH OUR SITE
Contracts for the supply of services or information formed through our Site or as a result of visits made by you are governed by our terms and conditions of service.
UPLOADING MATERIAL TO OUR SITE
Whenever you make use of a feature that allows you to upload material to our Site, or to make contact with other users of our Site, you must comply with our terms and conditions of service and to the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

Any material you upload to our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Site.

We have the right to remove any material or posting you make on our Site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.

Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.

If you wish to make any use of material on our Site other than that set out above, please address your request to info@earthexchange.com
LINKS FROM OUR SITE
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by English law.
TRADE MARKS
Earth Exchange (R) and its logo are Registered Trade Marks of Earth Exchange Limited (registration No. 2485080).
VARIATIONS
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Site.

ACCEPTABLE USE POLICY

PROHIBITED USES
You may use our Site only for lawful purposes. You may not use our Site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. To send, knowingly receive, upload, download, use or re-use any material which does not comply with this policy. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of our terms of website use.
- Not to access without authority, interfere with, damage or disrupt any part of our Site, any equipment or network on which our Site is stored, any software used in the provision of our Site, or any equipment or network or software owned or used by any third party.
INTERACTIVE SERVICES
We may from time to time provide interactive services on our Site, including, without limitation:
- Chat rooms.
- Bulletin boards.
- electronic newsletters
("interactive services").

Where we do provide any interactive service, we will endeavour to provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will use all reasonable endeavours to assess any possible risks for users from third parties when they use any interactive service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
CONTENT STANDARDS AND TERMS
These content standards and terms apply to any and all material which you contribute to our Site ("contributions"), and to any interactive services associated with it, and to the use of the Site in general.

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

When using the Site (including third party applications accessed via the Customer Site), you must not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful content;
- upload, post, email or transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights or have the permission of the owner to post such content;
- upload, post, email or transit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, applicable terms of service or any applicable policies or guidelines.
- download any file posted by another that you know, or reasonably should know, that cannot be legally distributed in such manner;
- impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source or other material;
- restrict or inhibit any other user from using and enjoying the services, including services provided by a third party, available from our Site;
- use the Services for any illegal or unauthorized purpose;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Services;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to such Services;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services or collect information about users for any unauthorized purpose;
- submit content that falsely expresses or implies that such content is sponsored or endorsed by Customer;
- create user accounts by automated means or under false or fraudulent pretences;
- promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
- transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our Site, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our Site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site.
- Issue of a warning to you.
- Issue legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Take further legal action against you.
- Disclose such information to law enforcement authorities as we feel is reasonably necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

CHANGES TO THE ACCEPTABLE USE POLICY

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere.

YOUR CONCERNS

If you have any concerns about material which appears on our Site, please contact info@earthexchange.com.

Thank you for visiting our Site.

PRIVACY POLICY

EARTH EXCHANGE LIMITED ("We") are committed to protecting and respecting your privacy.

This policy (together with our terms of use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

For the purpose of the Data Protection Act 1998 (the "Act"), the data controller is Earth Exchange Limited of 1A Regents Street Estate, 2 Regents Street, Knutsford, Cheshire, WA16 6GR

Our nominated representative for the purpose of the Act is Alex Albon.

INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following data about you:

Information that you provide by filling in forms on our site www.earthexchange.com ("our Site"). This includes information provided at the time of registering to use our Site, subscribing to our service, posting material or requesting further services. We may also ask you for information if you report a problem with our Site.

If you contact us, we may keep a record of that correspondence.

We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.

Details of transactions or activities as a result of you using our Site.

Details of your visits to our Site including, but not limited to, traffic data, location data, web logs and other communication data, your bank details for the collection of Subscriptions whether this is required for our own billing purposes or otherwise and the resources that you access.
IP ADDRESSES AND COOKIES
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:
- To estimate our audience size and usage pattern.
- To store information about your preferences, and so allow us to customise our Site according to your individual interests.
- To speed up your searches.
- To recognise you when you return to our Site.
You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our Site.

Please note that our advertisers may also use cookies, over which we have no control.
WHERE WE STORE YOUR PERSONAL DATA
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

All information you provide to us is stored on secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a key fob or password which enables you to access certain parts of our Site, you are responsible for keeping this key fob safe or password confidential as the case may be. You must not share the key fob or a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
USES MADE OF THE INFORMATION
We use information held about you in the following ways:
- To ensure that content from our Site is presented in the most effective manner for you and for your computer.
- To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
- To carry out our obligations arising from any contracts entered into between you and us.
- To allow you to participate in interactive features of our service, when you choose to do so.
- To notify you about changes and or improvements to our service.
We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone.

If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.

If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data .
DISCLOSURE OF YOUR INFORMATION
We may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
- If Earth Exchange Limited or substantially all of our assets are acquired by a third party, personal data held by it about its customers will be one of the transferred assets;
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use or terms and conditions of services and other agreements; or to protect the rights, property, or safety of Earth Exchange Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
YOUR RIGHTS
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at info@earthexchange.com.

Our Site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
ACCESS TO INFORMATION
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
CHANGES TO OUR PRIVACY POLICY
Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.
CONTACT
Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to info@earthexchange.com