SITE USER AGREEMENT www.stevehooper4u.com TERMS Welcome to stevehooper4u.com (the "Service"). By accessing the Service you confirm that you are eligible (e.g. an individual person of at least 18 years, or 21 in some areas, and adult oriented content is not illegal and does not violate the community standard in your state or locale. To use the Service and you agree to be bound by all of the following terms and conditions (the "Terms"). In making use of the Service you also agree to abide by the following policy setting out what you will/will not do when using the Service ("Acceptable Use Policy"). These Terms govern your access to the Service except where there are separate terms and conditions relevant to particular areas of the Service, which are indicated on the appropriate page of the site. For Members, a subscription charge for monthly use of the service is required to allow subscribers to access the private area of the site. Subscriptions may not be assigned or transferred to any other person or entity. Subscribers must promptly inform service of the following: changes in expiration date of any credit card used in connection with the service; changes in home or billing address; and apparent breaches of security, such a loss, theft, or unauthorized disclosure or use of an ID or Password. Until the service is notified, by conventional mail, or email to webmaster@stevehooper4u.com, during normal business hours of a breach of security, the subscriber will be liable for any unauthorized use of the service. Upon request, subscribers will be given access to billing records that support charges for use of the service. Payment for the services provided to you at and/or through stevehooper4u may be made my credit card, debit card or direct debit and you hereby authorise the service to transact such payments on your behalf. Subscription to the service may be terminated at anytime, and without cause, by either service or subscriber upon notification of the other by electronic or conventional mail. You agree to be personally liable for all charges incurred by you during or through the use of the service. No warranty is made by the service regarding any information, services, materials or products provided through or in connection with the service, and hereby expressly disclaim any and all warranties, including without limitation: 1) Any warranties as to the availability, accuracy, or content of materials, information or products, or services; 2) Any warranties of merchantability for a particular purpose. Please allow 21 days for delivery on any purchases. 1. As part of the Acceptable Use Policy you agree to: Abide by all applicable laws, regulations and codes of conduct and ensure any content uploaded or distributed from, or stored by you does not infringe the rights of others, and you agree to be solely responsible for all things arising from your use of the Service. Respect the privacy of your fellow internet users. Grant us a perpetual, irrevocable, royalty-free licence to use any material posted by you on the Service as we see fit and without notice to you. You agree not to: Impersonate another person or use a false name or a name you are unauthorised to use or create a false identity or e-mail address or try to mislead others as to identity or origin of any communications. Modify, access or make available data stored on a computer or device which you have accessed through our network, when either: the owner of the data, computer or device has taken steps to prevent you from doing this; or the owner has expressed a wish that you do not do this. Make available or upload files that contain software or other material, data or information not owned by or licensed to you or collect information about others (e.g. names/addresses) without their prior consent. Damage, interfere with or disrupt access to the Service or do anything which may interrupt or impair its functionality. Save as authorised in these Terms, make any commercial or business use of the Service or resell or commercially benefit from any part or aspect of the Service. Publish, post, distribute, disseminate or otherwise transmit, defamatory, offensive, infringing, obscene, indecent or other unlawful or objectionable material or information. Threaten, harass, stalk, abuse, disrupt, or otherwise violate the rights (including rights of privacy and publicity) of, others. Make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, "trojan horses", "worms" or any other harmful software. Falsify the true ownership of material or information contained in a file made available via our Service. Obtain or attempt to obtain unauthorised access, through whatever means, to the Service, other services or computer systems or areas of our, or any of our partners', networks which are identified as restricted. We retain the absolute right to disconnect you from the Service, without prejudice to any of our accrued rights, where we in our sole discretion consider you are contravening our Acceptable Use Policy or any other aspect of these Terms. 2 Liabilities You agree that we have no control over third party content and information which can be accessed using the Service and that we do not examine or edit the use to which you or others put the Service or the nature of the content or information being accessed and that we are excluded from all liability of any kind arising from such content or information. You agree that except for death or personal injury arising through our negligence, we shall not be liable whatsoever for any loss or damage arising from the Service. You will indemnify us in the manner set out below in the Terms in relation to your accessing or uploading. We reserve the right to remove any information/material we deem to be in breach of any of these Terms without warning, and without prejudice to any other accrued rights, and/or to make available such information/material when required to do so by law or when requested to by regulatory bodies or law enforcement organisations. While we will take all reasonable steps to ensure a fast and reliable service, we will not be held responsible for the security of the Service or for any disruption of the Service however caused, loss of or corruption of any material in transit, or loss of or corruption of material when downloaded onto any computer systems. We make no warranty whatsoever as to any goods or services purchased or obtained or offered to you through the Service, whether accessed direct or from the Service. 3 Indemnity You agree to indemnify and hold us, and any of our officers, employees and agents harmless from and against all and any expenses, losses, liabilities, damages, costs or expenses of any character incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from your use of, or conduct on, the Service and/or a breach of the Acceptable Use Policy and /or any of these Terms. 4 User's Privacy and Data Protection Any personal data relating to you collected by us in your access to the service will be recorded electronically. We may make use of such data for administration and future enhancing of the site to meet your needs as well as our marketing, advertising and promotional purposes. 5 Links For your interest and/or amusement, from time to time we will make available to you hypertext links from the Service to third party sites and Official Steve Hooper Fan Club partner sites both within and outside European Union. However, these sites are not in any way approved, checked, edited, vetted or recommended by us and you agree that we shall not be liable in any way for the content of such sites or for any dealings that you may have, or the consequences of such dealings, with such third party site operators. In particular you agree that any dealings you have with such third party site operators shall be on the terms and conditions (if any) of the third party operator. 6 Software The material and content provided with the Service is for your personal, non-commercial uses only, save where expressly provided, and you agree not for yourself or through or by way of assistance to any third party distribute or commercially exploit such material or content. All intellectual property rights, in particular copyright in content provided to you by us on the site vests in us (or is expressly licensed to us) and although you may make a copy of this content for your personal non-commercial use only provided that you keep all copyright and other proprietary notices intact, you agree not to modify, reproduce, republish, upload, post, distribute or otherwise transmit or use the content provided by us in any way without our prior written consent. If you do wish to use any material please contact us on e-mail:enquiries@stevehooper4u.com and we will let you know in what terms if any you may be able to use the same. 7 Termination We may terminate the Service, or restrict your access to it, without prejudice to any other accrued rights, without prior notice to you where: (I) there is a regulatory or statutory change limiting our ability to provide the Service; (ii) any event beyond our reasonable control prevents us from continuing the Service (for example, and without limitation, technical difficulties, capacity problems and communications failures); (iii) we consider in our sole discretion that you are abusing the Service or are otherwise acting in breach of these Terms. As this is a shared service with other users, you also agree that if the demand for the Service is in excess of our ability to meet the capacity, we may either share the capacity among all users or we may give you notice by e-mail that the Service will terminate. Such termination will not affect any of your accrued liabilities incurred prior to such termination. 8 Additional services From time to time we may provide games and other content for your downloading, however, the download time may vary considerably between the types of content and you agree that you are wholly liable and responsible for any telephone call and/or other charges incurred in downloading the same. However, we will notify you of the size/amount of the file/data and the likely download time for your information. You agree that we may send e-mail information to you concerning our products and services or those of our suppliers or network providers which we think may be of interest to you. 9 Password Upon registration, you will choose a username and password. You are responsible for keeping your username and password confidential. We recommend you memorise this information, and you should not share it with friends, family members nor post it in a public place or transmit it via unsecured means. You are responsible for all activity occurring through use of your account and/or password. You agree to immediately notify the service of any actual or suspected unauthorised use of your account or password. The service will not be responsible for any loss whatsoever arising from the misappropriation of your password by a third party. If the service feels the password facility is being abused or access has been obtained through non payment, then this access will be terminated with no notification, and an explanation will be supplied to the subscriber for the action undertaken. 10 Alterations to these Terms We reserve the right to amend these Terms at any time and you will be notified of the same. 11 About Us The Service is brought to you by The Official Steve Hooper Fan Club. 12 E-Commerce Your dealings with any third parties, in particular advertisers and/or merchants, through the Service, and any terms, conditions, warranties or representations with such third parties, are solely between you and such third party. You agree we are not liable in any way for, and you agree to indemnify us in the manner referred to above in these Terms in relation to, such dealings. 13 Laws & Miscellaneous Provisions Stevehooper4U.com controls and operates this Site from its headquarters in the United Kingdom and makes no representation that the Third Party Content is appropriate or will be available for use in other locations. If you use this Site from outside the United Kingdom, you are entirely responsible for compliance with applicable local laws and regulations, including but not limited to the export and import regulations of other countries in relation to the Third Party Content. These Terms are governed by and construed in accordance with the laws of England and Wales and you hereby submit to the non-exclusive jurisdiction of the English courts. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to the law then such provisions shall be construed as far as possible to reflect the intention of the parties with the other provisions remaining in full force and effect. Our failure to exercise or any particular right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us to you in writing. 14 Entire Agreement These Terms constitute the entire agreement and understanding between us.