Protec is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by Protec, by third parties or by any of the equipment or programming associated with or utilised in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. Protec is not responsible for the conduct, whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Protec assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, user communications. Protec is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone or other hardware or software related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will Protec be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third-Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
The site, the service (including the mobile services), any platform applications and the site content are provided "as-is" and Protec disclaim any and all representations and warranties, whether express or implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. Protec cannot guarantee and does not promise and specify results from use of the site and/or the service and/or any platform applications. Protec does not represent or warrant that software, content or materials on the site. The service or any platform applications are accurate, complete, reliable, current or error free of viruses or other harmful components, therefore, you should exercise caution in the use and downloading of any such software, content or materials and use the industry recognised software to detect and disinfect viruses. Without limiting the foregoing, you understand and agree that you download or otherwise obtain content, material, data or software (including any mobile client) from or through the service and any platform applications at your own discretion and risk and that you will be solely responsible for your use thereof and any damages to you mobile devise or computer system, loss of data or other harm of any kind that may result.
Protec reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
In no event will Protec or its directors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, special or punitive damages, including any lost profits or lost data arising from your use of the site or the service, any platform applications or any of the site content or other materials on, accessed through or downloaded from the site, even if Protec is awarded or has been advised of the possibility of such damages notwithstanding anything to the contrary contained herein, Protec's liability to you for any cause whatsoever, and regardless of the form of the action will at all times be limited to the amount paid, if any, by you to Protec for the service during the term of membership, but in no case will Protec's liability to you exceed £1000, you acknowledge that if no fees are to Protec for the service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from Protec, regardless of the cause of action.
Certain laws do not allow limitations on implied warranties or the exclusions or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, excluding limitations may not apply to you, and you may have additional rights.
Protec may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 18. When we are notified that a user has died, we will generally remove the account immediately.
By visiting or using the Site and/or the Service, you agree that the laws of the England and Wales, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Protec or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the courts of England, and you hereby consent to, and waive all defences of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the courts of England.