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Your secure haven for a lifetime of memories and messages

Terms and Conditions

TERMS AND CONDITIONS

We are:  One Certainty Limited.
Our address is: Woburn House, 84 St. Benedicts Street, Norwich NR2 4AB.
We can be contacted at: admin@onecertainty.com
You are: a user of our Website.

One Certainty is a secure online storage service that allows Members to store their photos, videos, letters, memories and confidential information. Please read the terms and conditions set out below carefully before becoming a Member. By registering to become a Member or otherwise using this Website you agree to be bound by these terms and conditions (“Terms and Conditions”). You are only authorised to use the One Certainty Services if you agree to abide by all applicable laws and to these Terms and Conditions. Please read this document carefully and save it. If you do not agree with it, you should leave the One Certainty Website and discontinue use of the One Certainty Services immediately. If you wish to become a Member and make use of the One Certainty Services, you must indicate your acceptance of these Terms and Conditions during the registration process.

One Certainty may modify these Terms and Conditions from time to time and such modification shall be effective upon posting by One Certainty on the One Certainty Website. One Certainty will inform Members by email about such modifications. If you do not agree with such modification you have the right to terminate your membership with One Certainty. You agree to be bound to any changes to these Terms and Conditions when you use the One Certainty Services after the modification has been posted for at least one month. It is therefore important that you review these Terms and Conditions regularly to ensure you are updated as to any changes.

Meanings of words used in this document:

“Agreement” is a reference to these Terms and Conditions, the Privacy Policy, and any payment instructions provided to you;

“Content” is a reference to any material including but not limited to photographs, images, data, software, videos, text, music, sound, graphics displayed or used on the Website;

“Member” is a reference to a user who has registered with us to become a member and to receive the One Certainty Services;

“One Certainty Services” is a reference to the services which we offer on our Website to Members which include the www.onecertainty.com website and any other features, content, or applications offered from time to time by One Certainty Limited in connection with the Website;

 “Privacy Policy” is a reference to the policy detailing how your personal information is stored and used by us which can be found at www.onecertainty.com/privacy-policy;  

“you”, “your” and “yours” are references to you the person accessing this Website;

“user” is a reference to a person who visits the Website;

“User Content” is a reference to the Content uploaded by you to our Website;

“we”, “us” and “our” are references to One Certainty Limited (company registration number 07698537) of Woburn House, 84 St. Benedicts Street, Norwich NR2 4AB; and

“Website” is a reference to this website, www.onecertainty.com, on which we offer One Certainty Services.

1. Use of One Certainty Services

         a) By using the One Certainty Services, you represent and warrant that:

                i) all registration information you submit is truthful and accurate;

                ii) you will maintain the accuracy of such information;

                iii) you are 18 years of age or older.  If you are under the age of 18 years you must have consent from your parent or guardian to become a Member and your parent or guardian must authorise payment.;

                iv) your use of the One Certainty Services does not violate any applicable law or regulation in your country of residence.

        b) When you sign up to become a Member, you will also be asked to choose a password and nominate other security questions and provide answers. You are entirely responsible for maintaining the confidentiality of your password and answers. You agree not to use the account or password of another Member at any time or to disclose your password to any third party. You agree to notify One Certainty immediately if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account. The username must not be offensive or obscene and must meet any requirements displayed on the Website.

        c) You will create, maintain and use only one Member account and password on the Website for your use. You will not create multiple Member accounts and passwords for your use on the Website.

        d) You will not use the One Certainty Services in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.

        e) Without limiting the foregoing, you will not use the One Certainty Services for any of the following activities:

                i) criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

                ii) advertising to, or solicitation of, any Member to buy or sell any products or services through the One Certainty Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the One Certainty Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent;

                 iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;

                 iv) interfere with or disrupt the integrity or performance of the Website or the data contained therein, or our servers or networks;

                v) attempt to gain unauthorised access to the Website or its related systems or networks or to any other computer system or website;

                vi) any automated use of the system, such as using scripts to add friends or copy files;

                vii) disrupting, or creating an undue burden on the One Certainty Services or the networks or services connected to the One Certainty Services or taking any action that imposes an unreasonably or disproportionately large load on our system;

                viii) attempting to impersonate another Member or person;

                ix) using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

                x) selling or otherwise transferring your membership;

                xi) for any commercial purpose. The Website must only be used by you for your own personal, non-commercial purposes;

                xii) using any information obtained from the One Certainty Services in order to harass, abuse, or harm another person;

                 xiii) using the One Certainty Services in a manner inconsistent with any and all applicable laws and regulations;

         f) We shall use our reasonable endeavours to make available to you at all times the One Certainty Services but we shall not, in any event, be liable for interruptions to or unavailability of the One Certainty Services. We cannot guarantee that use of the Website will be error free and we cannot accept liability for any issues that this may cause.

        g) One Certainty reserves the right, in its sole discretion, to reject, restrict, suspend, or terminate your access to all or any part of the One Certainty Services at any time, with or without prior notice.

2. One Certainty Content

       a) One Certainty does not claim any ownership rights in any User Content uploaded by you to the Website.

       b) You represent and warrant that you are the legal owner or are legally authorised to upload the User Content and that  your uploading of any User Content does not violate the privacy rights, publicity rights, intellectual property rights (including copyrights), contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any User Content uploaded by you to the Website.

       c) You may only upload User Content to the Website where specifically permitted and in accordance with our Terms and Conditions. Under no circumstances may you block, obscure, overwrite or modify any Content or pages generated by us. All other site locations or components of www.onecertainty.com  pages are strictly for our use.

       d) Without limiting the foregoing, you will not upload any Content to the One Certainty Services which:

               i) is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

               ii) harasses or advocates harassment of another person;

               iii) exploits people in a sexual or violent manner;

               iv) contains nudity, violence, or offensive subject matter or contains a link to an adult website;

               v) solicits personal information from anyone under 18;

               vi) collects, gathers or stores personal data on other users of the Website;

               vii) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

               viii) 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;

               ix) uses any names, logos and trademarks unless owned by you or used by you under licence;

               x) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

                xi) 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;

               xii) solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

               xiii) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

                 xiv) includes a photograph of another person that you have uploaded without that person's consent;

         e) By using the facilities of the One Certainty Services to make User Content available to your confidants ("Shared Content"):

               i) you grant to One Certainty a limited license to distribute your Shared Content on and through the One Certainty Services. The license you grant to One Certainty is non-exclusive, fully-paid and royalty-free, sub-licensable, and worldwide. You represent and warrant that you own the Shared Content or otherwise have the right to grant the license set forth in this section.  

         f) One Certainty may delete from the One Certainty Services any User Content that in the sole judgment of One Certainty violates these Terms and Conditions or which we deem inappropriate.

        g) One Certainty assumes no responsibility for any error, omission, interruption, loss, deletion, defect, theft, destruction or unauthorized access to, or alteration of any User Content.

        h) You grant to One Certainty a limited license to your User Content on and through the One Certainty Services. The license you grant to One Certainty is non-exclusive, fully-paid and royalty-free, sub-licensable, and worldwide. You retain any intellectual property rights in the User Content that you post to the Website and you grant to us, our successors and assigns, a right of use to all User Content. This grant of rights includes in particular the rights in respect to the handling of User Content: reproduction, as well as the right of configuring, formatting, technical processing, transmission and publishing such User Content. The above-mentioned grant of rights is limited to the use of the User Contents for the purpose of providing the One Certainty Services. You may revoke these rights of use at any time;

         i) You are solely responsible for the User Content that you upload to the Website, and any material or information that you transmit to other Members and for your interactions with other users. One Certainty does not endorse and has no control over User Content. User Content is not necessarily reviewed by One Certainty and does not necessarily reflect the opinions or policies of One Certainty. One Certainty makes no warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content or any material or information that you transmit to other Members.

       j) One Certainty assumes no responsibility for monitoring the One Certainty Services for inappropriate User Content or conduct. If at any time One Certainty chooses, in its sole discretion, to monitor the One Certainty Services, One Certainty nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the user uploading any such User Content.

       k) Ownership in, and all rights created in relation to the Content on the Website (excluding User Content) and any trade marks or marks used on the Website vest in us absolutely unless otherwise indicated. We retain ownership of all intellectual property rights related to the Website, including copyrights, trademarks and other proprietary rights. No licence is granted to you to use any such intellectual property save that One Certainty hereby grants you a limited, revocable, non-sub-licensable license to reproduce and display the Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the One Certainty Services. 

       l) You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our Website except where expressly invited to do so or indicated on our Website.

       m) You understand that the technical processing and transmission of the One Certainty Services, including your User Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

3. Copyright Policy

       a) You may not share, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belongingto others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of One Certainty to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to One Certainty by the copyright owner or the copyright owner's legal agent.

       b) Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide us with the following information:

               i) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;

               ii) a description of the copyrighted work that you claim has been infringed;

               iii) a description of where the material that you claim is infringing is located on the Website;

               iv) your address, telephone number, and email address;

               v) a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law

               vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.

4. Donations

         a) All donations for the One Certainty Services shall be used for the purpose of marketing and maintaining the website.

5. Term and Termination

       a) This Agreement shall remain in full force and effect while you use the One Certainty Services or are a Member. Even after membership is terminated, clauses 7, 8, 9 and 10 of this Agreement will remain in full force and effect.

       b) You may terminate your membership at any time, for any reason via the Close Account form in the My Account section. You will not be entitled to a refund in respect of any fees paid for One Certainty Services.

       c) One Certainty may suspend the provision of One Certainty Services to you and/or terminate your membership without notice to you if, in the reasonable opinion of One Certainty, you have breached or may breach any term of this Agreement.  

6. Your Information

       (a) Use of the One Certainty Services is also governed by Our Privacy Policy, which is incorporated into this Agreement by this reference.

       (b) All of the information which we hold on you and the User Content which you have posted is held by us in accordance with the Data Protection Act, 1998 and the Privacy Policy. For your added protection and security we have made arrangements with a not for profit company called Lifetime Data Secure Limited to store and maintain your data which is in addition to our own storage arrangements. If, for whatever reason, One Certainty ceased to trade you will be able to access your data through Lifetime Data Secure for up to 100 years.  You may contact Lifetime Data Secure Limited by emailing support@onecertainty.com.

7. Indemnity

       a) You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of this Agreement and any claim brought against us by a third party resulting from the provision of the One Certainty Services by us to you and your use of the One Certainty Services including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of any of the terms of this Agreement including if any User Content that you post on the Website or through the One Certainty Services causes One Certainty to be liable to another user or third party.

8. Limitation of Liability

       a) One Certainty cannot be held responsible for any incorrect or inaccurate User Content uploaded to the One Certainty Websites or in connection with the One Certainty Services, whether caused by Users of the One Certainty Services or by any of the equipment or programming associated with or utilized in the One Certainty Services.

       b) One Certainty is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the One Certainty Services or combination thereof.

       c) One Certainty is not responsible for any error, omission, interruption, loss, deletion, defect, theft, destruction or unauthorized access to, or alteration of any User Content whatsoever.  Disclosing personal information to users is entirely at your own risk and we accept no liability for any loss, damage, cost or expense you may incur as a result. 

       d) The Website may contain links to other websites. One Certainty is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by One Certainty. Inclusion of any linked website on the One Certainty Services does not imply approval or endorsement of the linked website by One Certainty. When you access these third-party sites, you do so at your own risk. One Certainty takes no responsibility for third party advertisements which are posted on this Website or through the One Certainty Services, nor does it take any responsibility for the goods or services provided by its advertisers.

       e) One Certainty is not responsible for the conduct, whether online or offline, of any User of the One Certainty Services.

       f) All conditions, terms, representations and warranties relating to the One Certainty Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these Terms and Conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded to the extent applicable under UK law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the One Certainty Services in the 12  month period prior to the date of the claim. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.

       g) In any event no claim may be brought unless you have notified us of the claim within one month of it arising.

       h) We shall not be held liable for any failure or delay in delivering the One Certainty Services where such failure arises as a result of any act or omission which is outside our reasonable control such as an act of God or those of third parties.

9. Non-Waiver

       a) No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing by us.

10. Law

       a) This Agreement shall be governed by and construed in accordance with the laws of England and Wales  and you hereby submit to the exclusive jurisdiction of courts of England and Wales.

11. Headings

       a) Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

12. Entire Agreement and Invalidity

       a) The Terms and Conditions together with the Privacy Policy, and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website, these Terms and Conditions shall prevail. In agreeing to this Agreement, you confirm that you have not relied on any representation other than those expressly stated in this Agreement and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.

       b) If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.

These Terms and Conditions were last modified 1st October 2014.