Terms and Disclaimer

Terms and Conditions

PRIVACY POLICY

WWW.YOUCROSSEDMYSKY.CO.UK

In these Terms and Conditions “we, our, us, "You Crossed My Sky” refers to www.youcrossedmysky.co.uk, www.youcrossedmysky.com, www.youcrossmysky.com, www.youcrossmysky.co.uk and www.ycms.co.uk .
www.ycms.co.uk

ACCEPTANCE OF TERMS
By accessing the content of www.youcrossedmysky.co.uk (“the Website”) you agree to be bound by the terms and conditions set out herein and you accept our privacy policy available at [www.youcrossedmysky.co.uk/privacy-policy.htm]. If you object to any of the terms and conditions set out in this agreement you should not use any of the products or services on the Website and leave immediately.

You agree that you shall not use the Website for illegal purposes, and will respect all applicable laws and regulations. You agree not to use the Website in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Website. You also agree not to compromise the security of the Website or attempt to gain access to secured areas or sensitive information.

You agree to be fully responsible for any claim, expense, liability, losses, costs including legal fees incurred by us arising from any infringement of the terms and conditions set out in this agreement.

MODIFICATION
You Crossed My Sky reserves the right to change any part of this agreement without notice and your use of the Website will be deemed as acceptance of this agreement. We advise users to regularly check the Terms and Conditions of this agreement.

You Crossed My Sky has complete discretion to modify or remove any part of this site without warning or liability arising from such action.

LIMITATION OF LIABILITY
You Crossed My Sky will under no circumstance be liable for indirect, special, or consequential damages including any loss of business, revenue, profits, or data in relation to your use of the Website. Nothing within this Agreement will operate to exclude any liability for death or personal injury arising as result of the negligence of You Crossed My Sky; it’s employees or agents.

COPYRIGHT
All intellectual property of You Crossed My Sky such as trademarks, trade names, patents, registered designs and any other automatic intellectual property rights derived from the aesthetics or functionality of the Website remain the property of You Crossed My Sky.

By using the Website you agree to respect the intellectual property rights of You Crossed My Sky and will refrain from copying, downloading, transmitting, reproducing, printing, and in doing so exploiting for commercial purpose any material contained within the Website.

CONTENT SUBMITTED TO YOU CROSSED MY SKY
You Crossed My Sky does not claim ownership of the Content you place in your account. You Crossed My Sky may quote or reproduce small portions of your content (if you have made it public) in order to promote You Crossed My Sky.
You acknowledge that You Crossed My Sky shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, You Crossed My Sky and its designees shall have the right to remove any content that violates our Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

INDEMNITY
You agree to indemnify and hold You Crossed My Sky, and its partners, and employees, harmless from any claim or demand, including reasonable solicitors fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the terms and conditions, or your violation of any rights of another.

CONTENT OWNERSHIP
Unless stated otherwise for specific services, Member will retain copyright ownership and all related rights for information he or she publishes through You Crossed My Sky.

CONTENT RESPONSIBILITY
Member acknowledges and agrees that You Crossed My Sky neither endorses the contents of any Member communications nor assumes responsibility for any threatening, libellous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising there from or any crime facilitated thereby.

CONTENT/ACTIVITY PROHIBITED.
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the You Crossed My Sky Services. You Crossed My Sky reserves the right to investigate and take appropriate legal action against anyone who, in You Crossed My Sky sole discretion, violates this provision, including without limitation, removing the offending communication from the You Crossed My Sky Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of You Crossed My Sky:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph of another person that you have posted without that person's consent; or

DISCLAIMERS
The information is provided on the understanding that the Website is not engaged in rendering advice and should not be wholly relied upon when making any related decision.

The information contained with the Website is provided on an “as is” basis with no warranties expressed or otherwise implied relating to the accuracy, fitness for purpose, compatibility or security of any components of the Website.

We do not guarantee uninterrupted availability of the www.youcrossedmysky Website and cannot provide any representation that using the Website will be error free.

THIRD PARTIES
The Website may contain hyperlinks to websites operated by other parties. We do not control such websites and we take no responsibility for, and will not incur any liability in respect of, their content. Our inclusion of hyperlinks to such websites does not imply any endorsement of views, statements or information contained in such websites.

SEVERANCE
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.

GOVERNING LAW AND JURISDICTION
The laws of England will govern this Agreement and any user of the Website hereby agrees to be bound exclusively by the jurisdiction of English courts without reference to rules governing choice of laws.

TERMINATION
You agree that You Crossed My Sky, in its sole discretion, may terminate your password and use of the Service and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if You Crossed My Sky believes that you have violated or acted inconsistently with the spirit of our Terms and Conditions. You Crossed My Sky may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these terms and conditions may be effected without prior notice, and acknowledge and agree that You Crossed My Sky may immediately deactivate or delete your account and all related information and files and bar any further access to such files or the Service. Further, you agree that You Crossed My Sky shall not be liable to you or any third-party for any termination of your access to the Service.

MEMBER ACCOUNT AND SECURITY
Once you become a member of the You Crossed My Sky, you shall receive a password and an account. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password at any time (to do so, contact customer support using the contact area within You Crossed My Sky. At this juncture you may also set up a new account and close an old one at your convenience.

Member agrees to immediately notify You Crossed My Sky of any unauthorized use of Member's account or any other breach of security known to Member.

MEMBER CONDUCT
You understand that all information, data, text, photographs, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not You Crossed My Sky, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. You Crossed My Sky does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.

You agree to not use the Service to: upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; "stalk" or otherwise harass another; collect or store personal data about other users; promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons.

DISCLAIMER OF WARRANTIES
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

YOU CROSSED MY SKY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

YOU CROSSED MY SKY MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

YOU CROSSED MY SKY MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY YOU CROSSED MY SKY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.