Membership Agreement

TryMyLife.com is an exclusive social networking site for people over the age of eighteen.

The Website is owned by iTomb Limited a registered company in England and Wales, Registered Number: 06319274 whose contact email details are itomb@trymylife.com  (“iTomb Ltd").

If You wish to become a member of TryMyLife.com, You will need to complete a membership registration form and submit to iTomb Ltd via the TryMylife Website in accordance with our registration procedures.  The registration form can be found here:   http://www.trymylife.com/reguser/newuser2.cfm

We retain absolute discretion as to whom we accept as members.

If You are accepted as a member, You will enjoy substantial benefits but must comply with our Terms and Conditions of membership at all times.

You will need to agree to our Terms and Conditions as set out below as the exclusive basis of Your membership by clicking the "I accept" button when completing the membership registration form. Terms and Conditions must be read in conjunction with the TryMyLife Privacy Policy which is included in the Terms and Conditions and which you accept by clicking the “I accept” button when submitting your registration form.

To remain a member, You must comply at all times with our Terms and Conditions. We reserve the right to terminate membership without compensation.

1. DEFINITIONS

In this Agreement, the following terms shall mean:-
1.1 “Associated Company” means any company which at the relevant time is:
(a)  a holding company of iTomb Ltd; or
(b) a subsidiary or subsidiary undertaking of iTomb Ltd; or
(c) a subsidiary or subsidiary undertaking (other than iTomb. Ltd itself) of any such holding company,
the expressions “holding company”, “subsidiary” and “subsidiary undertaking” having the same meanings given to them by the Companies Act 1985.

1.2 “Inappropriate Behaviour” means any of the following types of behaviour:-
(a) defamation, abuse, harassment, stalking, grooming, offering sexual services, sexually explicit, threatening or otherwise violating the legal rights (including rights of privacy and publicity) of others (whether or not those others are members);
(b)  publishing, posting, uploading, distributing, disseminating or circulating any inappropriate material or views including but not limited to defamatory, infringing, obscene, or unlawful material or information, racist, sexist or homophobic material or any material which contains viruses, corrupted files, or any other similar software or programs that may damage the operation of a third party’s computer or which may reasonably be expected to do so;
(c) posting any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party;
(d) advertising or offering to sell any goods or services for any commercial purpose unless You have our specific written permission from iTomb Ltd;
(e) posting, conducting or forwarding any surveys, contests, pyramid schemes or chain letters;
(f) downloading any information file posted by another member that You know, or reasonably should know, cannot be legally distributed in such manner;
(g) impersonating another person or entity, or falsifying or deleting any author attributions, legal or other proper notices or proprietary designations or labels of the original or source of software or other material contained in a file that is posted; or
(h) restricting or inhibiting any member from using and enjoying the Website.
  
1.3 “Personal Details” means your name, address and other personal or contact information provided to iTomb Ltd or posted on the Website.

1.4 “Service” means the service of providing a social networking forum via the Website.

1.5 “Website” means www.trymylife.com

1.6 “Your Content” means information provided by You to iTomb Ltd or posted by You on the Website.

2. THE AGREEMENT

2.1 The service is free of charge and provided by us for people over the age of eighteen and resident in the United Kingdom and abiding by the terms of this Agreement and subject to the effects of the failure or interruption of services provided by third parties, iTomb Ltd agrees to provide the Service. We may in the future impose a charge for the service or parts thereof. We may introduce parts to the service for which we may impose a charge. We will inform you of changes before charges are levied.

2.2 iTomb Ltd may limit Your participation in the Website or bar You temporarily or permanently if iTomb Ltd believes that You have engaged in any Inappropriate Behaviour.

2.3 Cookies iTomb Ltd may send a small file to Your computer when You visit the Website. This will enable iTomb Ltd to identify Your computer, track Your behaviour on the Website and to identify Your particular areas of interest so as to enhance Your future visits to the Website. iTomb Ltd may use cookies to collect and store personal data and Itomb Ltd links information stored by cookies with personal data You supply to iTomb Ltd. Save for the use of cookies, iTomb Ltd does not automatically log data or collect data save for information which You specifically provide to iTomb Ltd. You can set Your computer browser to reject cookies but this may preclude Your use of certain parts of the Website.

2.4 Security measures iTomb Ltd has implemented security policies, rules and technical measures to protect the personal data that it has under its control from unauthorised access, improper use and disclosure, unauthorised destruction or accidental loss.

2.5 Access to information You may ask iTomb Ltd whether it is storing personal information about You by emailing iTomb Ltd at privacy@trymylife.com and, if You wish and upon payment of a fee of £10, iTomb Ltd will provide You with a copy of the personal data held about You by email.  iTomb Ltd may ask for proof of Your identity before providing any information and reserves the right to refuse to provide information requested if identity is not established.
                      
2.6 Password You will be required to submit a password at least 6 characters long, which will enable You to access and use all areas of the Website. The password will be exclusive to You and You undertake not to disclose it to anyone else and accept that You will be responsible for all use of such password.

3. WARRANTIES AND USE OF MEMBER'S DETAILS

3.1 iTomb Ltd warrants that it shall perform its duties hereunder in a timely and professional manner and that all details which it holds in relation to Your identity shall be held and processed in accordance with iTomb Ltd’s  Data Protection registration and privacy policy which means that such identity data will only be made available to Associated Companies who have subscribed to the services (whether off-line or on-line) of either iTomb Ltd or one of its Associated Companies and shall not be used otherwise than for that purpose or for keeping in touch with You and, subject to Clause 3.2 and 3.3, iTomb  Ltd undertakes that such data shall not be used for any other purpose or sold to any third party.

3.2 In the unlikely event that a liquidator, administrator or receiver is appointed over iTomb Ltd or all or any part of iTomb Ltd’s assets that insolvency practitioner may transfer Your Personal Details to a third party purchaser of the business provided that purchaser undertakes to use those details only for the same purposes as agreed by You under this Agreement. Your Personal Details will not be disclosed to government or local authorities or other government institutions save as required by law or other binding regulations.

3.3 iTomb Ltd shall be at liberty to provide and/or transfer Your Personal Details to Associated Companies at any time or to other companies in the event that ownership of iTomb Ltd changes or iTomb Ltd transfers part or all of its assets to another company iTomb Ltd does not warrant that the provision of the Service will be uninterrupted or error-free.

3.4 You shall bear sole responsibility for ensuring the accuracy of Your Content.

3.5 The warranty set out in Clause 3.1 is exclusive of and in lieu of all other conditions and warranties, either express or implied, statutory or otherwise, including without limitation those relating to satisfactory quality or fitness for purpose.
 
4. WEBSITE CONTENT
 
4.1 You recognise and accept that You bear sole responsibility for Your Content.

4.2 iTomb Ltd agrees that upon written notice from You of any inaccuracies in Your Personal Details it will use reasonable efforts to rectify the inaccuracies PROVIDED ALWAYS that the correct information is provided to iTomb Ltd by You.

4.3 iTomb Ltd shall retain the right at all times to refuse to provide the Service or any part thereof, including without limitation, posting Your Content to the Website and to prohibit You from using the Website in the future where it reasonably believes that any part of Your Content is incorrect or deliberately misleading and in the opinion of Social Networking under the laws of any jurisdiction from which it is possible to access the Website may:

4.3.1 be illegal, illicit, indecent, obscene, defamatory, infringing of third party rights (of whatever nature and including, without limitation, any Intellectual Property Rights);

4.3.2 be in breach of any applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory);

4.3.3 harm the reputation of iTomb Ltd in any way.

4.4 iTomb Ltd shall retain the right at all times to refuse to post any Your message or notice to any chatroom, bulletin board or similar forum on the Website and to prohibit You from using the Website in the future where it reasonably believes that Your message contains or conveys material, the inclusion of which on the Website constitutes Inappropriate Behaviour or is likely to harm the reputation of iTomb Ltd and upon receipt of notification from a third party to the effect that any such message or notice appears on the Website, iTomb Ltd may in its absolute discretion take down such message or notice without reference to You who posted it. In the event that iTomb Ltd believes that You are persistently abusing any chatroom and/or bulletin board facility on the Website it may in its absolute discretion prohibit You from using the Website in future.

4.5 iTomb Ltd rights under Clauses 4.3 and 4.4 above shall be without prejudice to Your sole responsibility for Your Content and to the warranties given by You relating to that content in Clause 4.6 below. Posting or inclusion of Your Content by iTomb Ltd on the Website shall not under any circumstances constitute a waiver of any of iTomb Ltd’s rights under this Agreement.

4.6 You warrant, represent and undertake in relation to all Your activities in relation to the Website that You shall not engage in Inappropriate Behaviour.

5. YOUR OBLIGATIONS AND RESPONSIBILITIES

5.1 You undertake to notify iTomb Ltd of any changes to Your Personal Details from time to time.
 
5.2 You undertake to check the accuracy of Your Personal Details included on the Website and promptly notify iTomb Ltd in the event of any inaccuracies therein.

5.3 You warrant, represent and undertake that no use of the Website by You shall involve Inappropriate Behaviour.

5.4 You agree to notify iTomb Ltd once You no longer wish to be a member.

5.5 You undertake not to embark on any course of action, whether by use of the Website or any other means, which may cause a disproportionate level of Website activity without obtaining  iTomb Ltd's prior written approval.

5.6 You hereby acknowledge that You are fully responsible for all consequences of Your Content being posted on the Website.

6. INDEMNITIES

6.1 You agree to indemnify iTomb Ltd against all damages, liabilities, costs and expenses which iTomb Ltd may incur or sustain including without limitation the costs of defending any suit arising from Your behaviour or activities.

7. LIMITATION OF LIABILITY

7.1 iTomb Ltd is not liable for any indirect loss, consequential loss, loss of profits, revenue, data or goodwill howsoever arising suffered by You and arising in any way in connection with this Agreement or for any liability of You to any third party.

7.2 iTomb Ltd is not liable for any viruses uploaded to the Website by third parties or You.

7.3 iTomb Ltd is not liable for any errors, omissions or delays of You.

7.4 iTomb Ltd shall not be liable for ensuring that Your Content is legal and lawful and is not obscene, defamatory or otherwise infringing of any third party rights whatsoever.

7.5 iTomb Ltd is not liable for any failure in respect of its obligations hereunder which result directly or indirectly from failure or interruption in software or services provided by third parties.

7.6 None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of Itomb Ltd or its appointed agents.

7.7 No matter how many claims are made and whatever the basis of such claims, iTomb Ltd maximum aggregate liability to You under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by Clauses 7.1 to 7.5 above or otherwise) whether such claim arises in contract or in tort shall not exceed a sum equal to the insurance cover for iTomb for this purpose.
             .
7.8 The parties agree that You are the sole author, editor or publisher of all Your Content on the Website.

8. TERM AND TERMINATION

8.1 Your Content will remain on the Website for such time as iTomb Ltd sees fit and it is Your responsibility to ask iTomb Ltd to remove or revise it is no longer applicable or accurate.
 
8.2 iTomb Ltd may terminate this Agreement by giving 7 days' written notice of termination to the address provided to iTomb Ltd by You from time to time or with immediate effect in the event of any breach of Clauses 4.6 or 5 by You.
8.3 You may terminate this Agreement by giving 7 days' written notice of termination to iTomb Ltd to the address set out in this Agreement.

9. GENERAL

9.1 Subject to Clause 9.2, these Terms and Conditions any other expressly incorporated document constitute the entire agreement between the parties hereto relating to the subject matter hereof and neither party has relied on any representation made by the other party unless such representation is expressly included herein. Nothing in this Clause 9.1 shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance on the same as being fair and reasonable.

9.2 No change, alteration or modification to this Agreement shall be valid unless iTomb Ltd gives You at least 7 days' written notice thereof by email or other form of communication.

9.3 If any provision of this Agreement or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.

9.4 Any notice given pursuant hereto may be served personally or sent by pre-paid registered letter or recorded delivery or by email to the addresses most recently given or used. Such notice shall be deemed to have been duly served upon and received by the addressee, when served personally, at the time of such service or, when posted, 48 hours after the same shall have been put into the post correctly addressed and pre-paid or when by email, 24 hours after transmission.

9.5 Neither party shall be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder (other than in relation to payment) resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority.

9.6 Any delay or forbearance by either party in enforcing any provisions of this Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.

9.7 This Agreement shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.

TryMyLife  WEBSITE FORUM TERMS OF USE

For the purposes hereof, the terms "we", "us" and iTomb Ltd  refer to iTomb Ltd a registered company in England and Wales and the legal owners of TryMyLife.com Our company registration number is: 06319274. 

If you agree to the terms and conditions stated here, press the ‘I Accept’ button when completing the membership registration form. Otherwise, press the ‘Cancel’ button.

1. In order to use this Forum, members are required to provide a member name, password and email address as part of the TryMyLife registration process. We do not accept responsibility for the results of individuals using their personal details (including phone number, address or email address) via the Forum.

2. Members must not transmit or link to ‘Inappropriate Material’ via the Forum.  Inappropriate Material is material that under the laws of any jurisdiction is or does any of the following:- unlawful, vulgar, harassing, threatening, abusive, harmful, racist, obscene, pornographic, malicious, profane, libellous, defamatory, misleading, invasive of privacy, grooming, offering sexual services, disclose private or personal matters concerning any person, sexually orientated, infringe any copyright, trademark or other intellectual property rights, constitute or encourage a criminal offence, purport to be posted by someone other than the person posting, purport to be validated or authorised by someone when it has not been, contain a virus, worm, trojan horse or other harmful code or contaminating or destructive features.

Please note:
Material is defamatory if it may make reasonable people think the worse of someone.
Material is libellous when a defamatory statement referring to a person or company is published to a third party.
Malicious falsehood is the term used for malicious publication of false statements which may cause damage to a person or company.

3. You agree to use any message board facility available on our website only to send and receive messages  and material that is legal, appropriate and related to the subject matter of these areas of the website. By way of example, and not as a limitation, you agree that when using the Forum you warrant that you will not:
(a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (including rights of privacy and publicity) of others (whether or not those others are site members);
(b)  publish, post, upload, distribute or disseminate or circulate any inappropriate material or views including but not limited to, defamatory, infringing, obscene, or unlawful material or information, racist, sexist or homophobic material or views material and any material which contain viruses, corrupted files, or any other similar software or programs that may damage the operation of a third party’s computer or which may reasonably be expected to do so;
(c) Post any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of thereof or have the permission of the owner to post or transmit such material;
(d) advertise or offer to sell any goods or services for any commercial purpose unless you have our specific written permission;
(e) Post, conduct or forward any surveys, contests, pyramid schemes or chain letters.
(f) download any information file posted by another member of the Forum that you know, or reasonably should know, cannot be legally distributed in such manner; without our express written permission;
(g) impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the original or source of software or other material contained in a file that is posted; or
(h) restrict or inhibit any other member from using and enjoying the website.

4. We are authorised by you in our absolute discretion and without notice to you to remove, block or modify your use of this Forum for any reason we feel constitutes a violation of our policies, whether stated, implied or not.  We are also entitled at our absolute discretion to terminate your right to use the Forum and use such technological means as we see fit to achieve this.

5. You hereby agree fully to indemnify us, keep us indemnified and hold us, associated persons and affiliated companies harmless from and against any and all costs, claims, losses, damages and expenses (including, but not limited to, legal fees) sustained or incurred by us and/or affiliated entities directly or indirectly and in any jurisdiction as a result of any use by you of the Forum.

6. By pressing the ‘I Agree’ button you confirm that you, the member, are 18 years of age or over.

7. We make no promises that the use of our Forum will be accessible to you uninterrupted, quickly, secure or error-free.

8. You take full responsibility for any use you may make of our Forum.

9. You may edit or remove your own postings

10. Our Forums are places for you to share ideas, inspiration and success, and to seek support and information from other members. They are not intended to substitute for membership of a class or pursuit of a course of study and any information must not be taken as accurate unless it has been checked and validated by you independently.

11. We do not make any warranty nor assume any legal liability or responsibility for the accuracy, completeness or truth of any information posted on our Forums. Reference to any commercial product does not constitute an endorsement or recommendation by us.

12. You must ensure that you have suitable scanning software, firewalls and other safeguards in place to protect you from any virus or other contaminant which may affect you directly or indirectly through your use of the Forum.

13. You agree that under no circumstances shall we or any related person or entity be liable for any direct, indirect, consequential incidental or any other type of loss or injury resulting from your use, or downloading of any content from our website or the Forum or for any use made by any third party of information posted by you on the Forum.

14. You agree that we are not liable for any loss or injury sustained by you through use of any of the Forum(s) whether caused in whole or in part by our negligence.

15. Views and opinions expressed in the Forum are the member's own and do not necessarily reflect those of iTomb Ltd.

16. If any provision in this Agreement is invalid or unenforceable, the remaining provisions will continue in full force and effect. This Agreement shall be governed by the laws of England and any dispute arising out of your use of the website or the Forum is subject to the exclusive jurisdiction of the courts of England and Wales.