Terms & Conditions ...

Introduction

When you accept them by clicking on "I accept", these terms and conditions will form a legally binding agreement (the "Agreement") which sets out your rights and obligations, and those of MASI Limited, a company registered in England under registration number 3403434 of Lancaster Court, 36-39 Newman Street, London W1T 1QH ("Posterity", "we" or "us"), in relation to this site and the services offered by Posterity through it (together the "Posterity Service"). You must take the time to read and understand it, before registering for the Posterity Service.

By registering, you accept that you are entering into a contract with us on the terms of this Agreement. Visitors to the Posterity Service who do not register to become a Member (see Registration and Membership below) similarly agree that they are bound by this Agreement each time they access the Posterity Service. This Agreement may change from time to time in accordance with the provisions under Variation of this Agreement below.

Registration and Membership

To register for the Posterity Service you must be at least 18 years of age. Under-18s can also join as Members, but only with the consent of a parent or guardian who must complete the Application Form on their behalf. In order to use the Posterity Service, you must have an appropriate level of internet access and all the software (and skills) required for email and web usage.

Upon completion of registration you will become a Member of Posterity and through your Membership you may then use the facilities of the site described in Facilities of the Posterity Service below.

You undertake to register for the Posterity Service using accurate and current information. As part of the registration process for the Posterity Service, we will send to you a verification email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated during registration is controlled by you. That email contains simple instructions, which you must follow. Registration will not be possible until you have correctly followed those instructions and we have thereby verified your user name and password.

If you provide details of any credit, debit or charge card, for instance should you wish to buy additional storage space or continue your Membership after the first free year, you must ensure that: (a) the card has available funds sufficient to cover the charges which are deducted from it, and (b) you are fully entitled to use that card.

Facilities of the Posterity Service

Posterity offers you a facility to create your own website which we call your Autobiography: a digital deconstruction of yourself; a virtual you. You can write original text and upload images in which you possess the copyright.

It is our intention that your descendants will be able to search Posterity's archives and find out everything you would like them to know about you: who you were, what you did, how and where you lived, what you thought, what you believed in, who you loved, what you created, amassed and achieved, what you experienced through the passage of life and the learning of value that you thought to pass on, and why.

It is our intention to make this site innovative, instructive, entertaining and comprehensive, perhaps all at the same time. We endeavour to make Posterity as user-friendly as possible. Please do bear in mind that this project will never be finished and will forever be a work-in-progress. Additions and enhancements are likely to occur daily.

Additional Services

Posterity or its affiliates or partners may from time to time offer new or additional services through the Posterity Service and the use of such services by you may be subject to your agreement to comply with additional terms and conditions. Provided that those terms and conditions are notified to you on the Posterity Service (as we may determine in our reasonable discretion), any failure by you to comply with a provision of the terms and conditions governing those services will amount to a breach of this Agreement.

Security and Privacy of Personal Information

Posterity's Security and Privacy Policy including any changes to that policy from time to time ("Security and Privacy Policy" or "Policy") forms part of this Agreement and by agreeing to this Agreement you also give your consent to the way we may handle your personal data as described in the Policy.

The Posterity Service is hosted on servers which have security measures in place. We will not grant access to a third party to information uploaded by you onto your Autobiography website which is held by us on a server unless you have elected for all or part of the site to be accessible by third parties, as more particularly described under Use of Personal Information below, or as otherwise permitted by this Agreement including the Security and Privacy Policy. We accept no liability for loss, injury or suffering you may incur or experience resulting directly or indirectly from the unauthorised access to our site and your information by a third party who or which circumvents our security measures other than where such loss, injury or suffering arises out of our fraudulent conduct or wilful default.

You should be aware that, in view of the global nature of the World Wide Web, any material entered on non-secure areas of the Posterity Service (including any which contain personal information) will be accessible to any other Members of Posterity and visitors to the Posterity Service who have obtained your Guest Membership access code who may be anywhere in the world.

You are responsible for ensuring that your Guest Membership access code(s) (see Security and Privacy Policy below) is/are kept safe and is/are only revealed to those people you wish to have access to the non-secure areas of the Posterity Service. You are also responsible for ensuring that any visitors to the Posterity Service using your Guest Membership access code(s) are aware of this Agreement and do nothing which may result in (i) a breach of the terms of this Agreement if that visitor were a party to this Agreement or (ii) an infringement of a third party's rights or which may reasonably be considered inappropriate by Posterity.

You may delete all the material that you have posted on the Posterity site at any time by clicking on the "Suicide Button" button with My Account. We will not, however, refund or rebate any part of the Annual Maintenance Fee (see Membership Fees below) paid or payable for the remainder of the period in which you decide to exercise this right.

It is our intention that following expiry of your membership we will continue to store a copy of the material you have submitted to the site on one of our servers unless you notify us that you do not wish us to do so, or choose to delete all the material you have posted to the Posterity site by clicking on the "Suicide Button" button with My Account. If you are happy for us to store a copy of your material in this way and if we decide to do so, you may not need to re-submit any of the material previously posted to the site if you should decide at a later stage to renew your membership of Posterity, or should your relatives or descendants in future wish to retrieve the material you have posted to the site. We will not, however, make any material that you post to the Posterity site available to a third party in this way without consent from you or from your authorised representative or estate. If you or your authorised representative do wish to access material you have posted to the Posterity site at a time when you are no longer a Member of Posterity, you or the representative (as the case may be) will be required to produce satisfactory documentation to prove their identity.

Role of Posterity

Posterity provides a location where the Posterity Service may be accessed. Posterity does not pre-screen or monitor the material contributed by Members and is not responsible in any way at any time for the acts or omissions of Members or other persons visiting the site.

We do not generally monitor the material contributed by Members before it is placed on the Posterity Service, and so we are reliant upon users to point out any material which breaches this Agreement or any other agreement, law or regulation.

If you see anything on the Posterity Service which appears to breach this Agreement or any other agreement, law or regulation, then please contact us to inform us of it by using the "Contact Us" function, or by emailing us at contact@posterity.com

Your Use of the Posterity Service

The Posterity Service is intended to be used by its Members for the purposes described above in Facilities of the Posterity Service and related provisions and, accordingly, you agree not to place material on, or otherwise use, encourage or enable use of the Posterity Service for any business, commercial or other purpose whatsoever.

You are responsible for ensuring that no material you post on to the Posterity website, which is posted on your behalf, or which is posted on to the Posterity website through a machine on which you access the Posterity Service, nor any activity or communication you make or which is made on your behalf or with your approval in connection with any Posterity Service, will be capable of: (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortious or otherwise, (c) appearing to be offensive, threatening, obscene, pornographic, false, unreliable or misleading in any way; or (d) causing harm to Posterity's or anyone else's computer systems.

We reserve the right (a) to suspend or terminate any Member's registration and/or access to the Posterity Service, or parts of it, and/or (b) to edit or delete, or require the Member to edit or delete, material posted on the Posterity Service whether or not in a way which is accessible to any other person, if the relevant Member or material appears to us to be in breach of any provision of this Agreement.

Any person whose access has been suspended or terminated must not re-register for, or re-access, the Posterity Service without our prior consent. You are responsible for everything which is done on or through the Posterity Service through your Membership account while your Membership account is logged on to the Posterity Service, or through your email communications with the Posterity Service.

Membership Fees

Membership of Posterity is free-of-charge for the first 12-month period for 15mb of storage space. Thereafter, should you wish to continue to work on your site, an Annual Maintenance Fee of £7.50 per annum will apply.

The fee is inclusive of Value Added Tax.

Additional web space can be purchased separately. See Costs.

By registering for Membership you agree to take the Membership we make available to you. If you wish to continue your Membership after the expiry of your initial and any subsequent subscription period you may do so at our then-current terms and prices.

We reserve the right to change the terms of Membership, the services which it enables you to obtain, the period which it covers and other elements from time to time at our discretion. However, these changes, unless otherwise stated in this Agreement, will not affect your then-current Membership.

We may add new or ancillary services from time to time which require the payment of fees - either to us or a nominated third party - on terms which will be provided to you at the time.

We will not rebate or refund any additional storage charge Fees or part thereof, except if we entirely withdraw an aspect of the Posterity Service for which you have subscribed, or the entirety of the Posterity Service itself, in which case you may be entitled to pro rata rebate for the remainder of the twelve month period to which that Fee relates; provided always that no part of the Fee will be rebated to a Member under any circumstances if the Member has used on one or more occasions the Posterity Service to add, delete or amend any information during the period to which that part of the Fee relates. No rebate of any part of the Fee will be payable under any circumstances, other than as provided in this Paragraph.

Operation of Posterity Services

We reserve the right to withdraw or modify one or more aspects of the Posterity Service, or the entirety of it, where in our absolute discretion we believe there are legal or commercial reasons to do so. For security or other reasons, we may from time to time require you to change password or other information, which facilitates access to the Posterity Service.

There may also be times when the Posterity Service becomes inaccessible as a result of technical difficulties experienced by Posterity or on the internet or other supporting infrastructure of ours or any third party or for any other reason. We will use reasonable skill and care to overcome these difficulties to the extent they are within our control. System updates will mean that the Posterity Service may be unavailable for short periods at certain times of the day.

Please note that there will be no refund of fees for withdrawal, modification or unavailability of the Posterity Service, except as expressly provided in Membership Fees above.

Intellectual Property

You acknowledge that all copyright, trade marks and other intellectual property rights in content in and relating to the Posterity Service, other than rights in material submitted by Members are owned by Posterity.

By submitting any material or content to the Posterity Service, you:

are representing that you are fully entitled to do so;
grant to us a non-exclusive, royalty-free licence right to use such material to the extent required in order to provide the Posterity Service to you and other users in accordance with this Agreement (including copying, modifying, distributing, disclosing to third parties, creating derivative works therefrom and adapting the relevant material in the course of doing so), and so waive your moral rights and any other rights to object to any derogatory treatment, or to be identified as the author, of the material in question.

No user of the Posterity website or Posterity Service may copy, distribute, show in public or create any derivative work from the Posterity Service, or any of the material which is found on the Posterity Service other than material that is constructed and owned by that particular user, unless properly licensed to do so by us.

Withdrawal of Material and Termination of Membership.

You agree that we are entitled to withdraw any material from the Posterity Service which appears, whether based on information received from Members or other persons or otherwise, or our own determination, to be capable of constituting a breach of any part of this Agreement, or bringing the Posterity Service into disrepute.

You nevertheless acknowledge that we do not monitor material which appears on the Posterity Service, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach this Agreement, using the notification techniques which are made available on the Posterity Service.

Disclaimer and Release

Posterity has no control over or responsibility for the truth or accuracy of any material available on the Posterity Service, whether provided by any Members or other persons.

If any third party sites are linked to from the Posterity Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.

You should exercise no lesser degree of caution in appraising what you see on the Posterity Service than you do offline.

Even though Members are not permitted by this Agreement to do so, people may provide information or otherwise behave, in connection with the Posterity Service in a way that is inaccurate, unreliable, misleading or even illegal. Please be aware that people may not necessarily be who they say they are.

Your use of the Posterity Service is entirely at your own risk.

Accordingly, to the extent that the law permits, you release Posterity, its directors, contractors and employees from all liability arising out of or in connection with the Posterity Service, access to it by Members and other third parties and the material included here by Members and other third parties.

Exclusion of Liability

While we have taken all reasonable steps to ensure the accuracy and completeness of the information provided by Posterity through the Posterity Service, we give no warranty and make no representation regarding the accuracy or completeness of the content of any of the same or of this site. We therefore accept no liability for any losses or damage (whether direct, indirect, special, consequential or otherwise) arising out of errors or omissions contained in the Posterity Service or this site.

No warranty is given that the Posterity Service or this site shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damage arising out of such unavailability. Also, we accept no liability in respect of losses or damage arising out of loss of access to the Posterity Service, interrupted access or changes made to the content of this website by unauthorised third parties.

Access to and use of the Posterity Service and this site is at the user's own risk and we do not warrant that the use of the Posterity Service or this site or any material downloaded therefrom will not cause damage to any property, including but not limited to loss of data or computer virus infection.

This site contains links to other websites which are hosted and maintained by third parties. We have no control over the content or security of any such sites. You link to such websites at your own risk, and we make no representations regarding the content of any such website. We cannot be liable for any loss or damage which may arise from the use of such third party websites.

While we will make all reasonable efforts to preserve material contributed by Members and keep it secure Posterity cannot accept any liability for loss or deletion of material posted by Members to the site. Accordingly we strongly advise you to ensure that you retain copies of any material that you post on the Posterity site.

Posterity will also not be liable for any failure to perform its obligations under this Agreement caused by matters beyond its reasonable control.

Limitation of Liability

Without limiting the preceding paragraphs, during any period of twelve months, the aggregate liability of Posterity under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed an amount equal to the sums paid by you to us by way of Membership Fees during the relevant period of twelve months, regardless of the cause or form of action.

Posterity shall not be liable for any indirect, special or consequential losses or damages.

Non Excluded Liability

Nothing in this Agreement limits Posterity's liability for death or personal injury resulting from our negligence, fraudulent misrepresentation or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer and which may not be excluded remain unaffected.

Indemnity

You agree to indemnify us against all liabilities, costs, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access the Posterity Service.

We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of Posterity assign or dispose of this Agreement.

Entire Agreement and Severability

This Agreement includes the Posterity Security and Privacy Policy as amended by us from time to time and any additional terms and conditions notified to you relating to new or additional services and together they contain the whole of the agreement between us and you concerning the Posterity Service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either you or us.

Any person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.

In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable and the invalid or unenforceable clause shall be deemed to be replaced by a clause with the closest possible effect to the clause that was invalid or unenforceable.

Variation of this Agreement

We may change this Agreement from time to time. When we do so, we will post the new version on the Posterity Service and notify you of the fact that there are changed terms on the What's New page of the Posterity Service.

Any new version of these terms and conditions will take effect, and will govern all Posterity Services and your relationship with Posterity in all respects, either:

commencing immediately after the date of posting (or such later date as Posterity indicates in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you. If you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the Posterity Service; or
immediately upon the date of posting (or such later date as Posterity indicates in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you.

Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of England and Wales and you agree to the exclusive jurisdiction of the English courts.

Record of the Agreement and Contact

Please make a durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer. We do not separately file the individual Agreements entered into by members when they register for the Posterity Service.

Should you wish to contact us you may do so by emailing contact@posterity.com.

Posterity Security and Privacy Policy

Introduction

This policy, when accepted by you, will form a legally binding agreement which sets out how Posterity will and is permitted to handle data which identifies you. You should read it in conjunction with the Posterity Terms and Conditions, of which this Privacy Policy forms part.

Posterity is committed to protecting the privacy and security of our users' personal information. This policy describes the privacy practices we apply for the Posterity Service. As part of that, it also expresses our approach to complying with the data protection laws which apply in the United Kingdom. If we change this Privacy Policy, we will notify you of the changed document in the same way as we notify changes to the Posterity Terms and Conditions. (See Variation of this Agreement in the Posterity Terms and Conditions).

If you have questions or concerns regarding this statement, you should email contact@posterity.com.

Use of Personal Information

General principles

We apply the following principles to the sharing and use of personal information:

We, and (where relevant) our credit card processing agents, will not supply your personal data to a third party for commercial exploitation without your prior consent.
We do reserve the right to search for, extract and use non-personalised sample data, for example: recorded preferences to Members; Members' choices on our surveys; data from the cookie sampler referred to below; and other demographic and preference data. We may use such non-personalised data for our commercial purposes. At no time will any such search, extraction or use employ personalised data of Members: that is, data which is capable of identifying any specific Member.
The only circumstances in which we will provide any of your personal data to a third party for non-commercial purposes are those contained in this Privacy Policy.

There are 3 levels of privacy at Posterity.com: Secure Personal Access; Guest Access; Open Access.

Secure Personal Access

This is the automatic default status for information. Your Autobiography is your site and no on else will be given access to it by us, unless you permit this or as otherwise provided for in the Posterity Terms and Conditions and this Policy.

Guest Access

Together with your Membership Code, you will also register a Guest Membership access Code. This you may wish to divulge to third parties to give them Guest Access to your identity: for example, friends, family, colleagues. Guests to whom you divulge the code will be able to view those elements of your site that you select are open to view to them.

One the right-hand side of each page of your site is a privacy box. Each page's privacy box defaults to 'Privacy'. You must change the box to 'Public' to allow Guests to view each page. For example, you may wish Guests to view your 'Favourite Things' and your 'Room 101' and your 'Desert Island Discs' but not your 'Diary'. Simply make 'Public' the boxes of the pages you wish to allow Guests to view, and leave 'Private' the boxes of the pages that you wish to remain secret from them.

Open Access

If you wish any visitor to Posterity to view your site (but not those pages that you have determined to remain private - see above), you will find a simple 'Open Access' box to check within 'My Account'. If you check this box, any visitor to Posterity will be at liberty to view your site and its contents as a Guest, and your name and location will be displayed in the '15 Minutes Of Fame' section. No Guest will be permitted by us to edit any of your content. You can change your Open Access policy at any time from within your 'My Account' section.

No one at Posterity will be given access to your site/your data, without your permission, excepting Posterity's own employees, consultants, agents and advisers for technical or other problem-solving purposes or where required by law or regulation or for the purpose of investigating illegal activity.

Use of Cookies

We use small files known as "cookies" to enhance users' experience of the Posterity Service as follows:

To hold Members' login information on a particular computer for ease and speed of access. This facility is optional and must be switched on by the Member using the "Remember My Password On This Computer" button in Your Account, where and if available.
To facilitate optimal use of the Posterity Service by Members, by means of a temporary "session" cookie. These cookies disappear when the Member's browser session ends, or if the Member clicks the "log off" text which appears on the Posterity Service.

In addition, we may use from time to time cookies and code on the site to gather non-personal data regarding the number and frequency of visitors to Posterity. Both the cookies and the embedded code provide general site and not personal statistical information about visits to pages on the site, the duration of individual page view, paths taken by visitors through the site and other general information. Posterity uses this type of information to help it improve the services to its members.

Third party cookies are used on some third party advertisements or links appearing on the Posterity site. They are used for tracking the success of advertising campaigns. These cookies are normally permanent. If you wish to block any cookies being installed by these third party sites it will not affect the functionally of the Posterity website. We are not responsible for and have no liability to you relating to the use of any cookies that may be installed if you click on any of the advertisements on the Posterity website.

Credit, Debit or Charge Card Information

We use Worldpay to process our credit card payments. They authorise payment directly. This means that Members' credit card details are never revealed to us. Worldpay may transfer your personal data to its agents and other third parties as is reasonably necessary for it to provide credit card payment processing services to us or for the purpose of fraud or other criminal detection. Worldpay may transfer to, process and hold your credit card information in countries either within or outside the European Economic Area in connection with performing their duties.

Advertising

The Posterity Service may include interactive advertising for and links to other businesses. We may use, and provide to third parties, anonymous demographic, choice, preference and other data provided or generated by Members to target this advertising more appropriately.

Links to Third Party Sites

Our site contains links to other sites. Posterity is not responsible for and will have no liability to you relating to the privacy practices, or the content of, those web sites.

Communications from Posterity

Posterity may generate regular and occasional e-mails, including newsletters. You can decide to receive these or not by making the appropriate selections through My Account.

Affiliate Companies of Posterity

We may share data supplied by you (or collected about you) with our subsidiaries and other companies in our group, but only for the purposes described in this policy.

If all of the assets which Posterity uses to operate its business (or substantially all of them) are acquired by a third party, we may transfer personal data we then hold to that party. That third party will be obliged to honour in their entirety all aspects of this Policy.

We may transfer personal data we hold about you or provided by you to third party outsourced service providers or facilities managers for the purpose of providing, or assisting us to provide, the Posterity Service to you. That third party will be obliged to honour in their entirety all aspects of this Policy.

Place of Processing

At present, the personal information held by us is held on and processed by computers situated in the United Kingdom. If in future we decide to locate any part of our operations in a country outside the European Economic Area (EEA) or to use a service provider located outside the EEA, you agree to the transfer of your personal data to any such country for the purpose of enabling us or third party services providers to undertake operations from that location relating to the provision of the Posterity Service to you.

Security

We have security measures in place which aim to protect our customer database and access to this database is restricted internally. However, it remains each Member's responsibility:

to protect against unauthorised access to your information;
to ensure against use by anyone else of the Posterity Service through the machine that Member uses while they are "logged on" to the Posterity Service;
to log off or exit from the Posterity Service when not using it; and
to keep his/her password secret.

We reserve the right to require you to alter your password if we believe that it is no longer secure.

Disclosure for Legal Reasons

We reserve the right to communicate any part of a Member's personal information that we hold to authorities that make a legally-compliant request for its disclosure.

Data Retention and Data Protection

We will retain your personal data only as long as is necessary for the purposes to which you consent under the Posterity Terms and Conditions and this Privacy Policy, or as is required by applicable law. Any data, the retention of which is not so required, will be deleted.

You can obtain further information about data protection laws by visiting the Information Commissioner's website at dataprotection.gov.uk. You can search for our Data Protection Notification there, should you so wish.

Opting Out

You may have your registration details and any other information you have included in the site removed at any time. To do so please email contact@posterity.com and, once confirmed by you, we will remove all such information from the Posterity Service. Please be aware that, once removed, we will not be able to recover any information so removed.

We provide Members with the opportunity to opt-out of receiving e-mailed information. This opt-out can be effected by making appropriate selections at Your Account.

Contacting Posterity

If you have any questions about this privacy statement, the practices of this site, or your dealings with Posterity, or if you wish to request from Posterity a copy of the personal data we hold about you or a description of that data, you can contact us contact@posterity.com. Please note that by English law we are entitled to charge you a small sum for providing this information.