pass_by Terms and Conditions

No portion of this service may be reproduced in any form, or by any means, without prior written permission from pass_by. www.passby.com is a site operated by pass_by. (“We”). We are registered in England and Wales under company number 11007628 and have our registered office at 4 Bloomsbury Place, London, United Kingdom, WC1A 2QA.

Acceptance of Terms of Use

Please review the following terms and conditions carefully. This agreement is a legally binding contract between You (“You” or “Your”) and pass_by. (“pass_by.”, “We” or “Us”) regarding Your access to and use of the pass_by. website (the “Site”). By accessing the Site, You agree to the terms and conditions as outlined in this legal notice. pass_by. reserves the right to change these terms and conditions from time to time at its sole discretion, without prior notice, by posting such revised terms and conditions on the Site. It is Your obligation to routinely review these terms and conditions and Your continued use of the Site following any such change (whether or not You have reviewed such change) constitutes Your agreement to follow and be bound by the terms and conditions as changed.

Your Conduct

You agree not to upload, transmit, post, email or otherwise make available to the Site, any content or other material in any format that: (a) is false, inaccurate, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, libelous and/or otherwise objectionable; infringes pass_by. or any third party’s intellectual property; or (c) contains viruses, worms, Trojan horses, corrupted files, or any other similar software or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (d) alter, remove, or falsify any attributions or other proprietary designations of origin or source of any other content appearing on the Site or contained in a file that is uploaded to the Site; (e) impersonate any person or entity, including, but not limited to, an pass_by. official or falsely state or otherwise misrepresent Your affiliation with a person or entity; or (f) attempt, through any means, to gain unauthorized access to the Site. The use of any device, software or routine that interferes or attempts to interfere with the proper working of the Site is expressly prohibited; (g) attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Accessing our Site

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

Proprietary Rights Restrictions

All material on the Site including without limitation all informational text, photographs, graphics, audio, video, messages, files, documents, images or other materials (collectively, the “Materials”), whether publicly posted or privately transmitted, as well as all derivative works, is owned by pass_by. or other parties that have licensed their material to pass_by. and is protected by copyright, trademark and/or other intellectual property laws. pass_by. disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own. Trademarks, logos, images and service marks displayed on the Site are the property of either pass_by. or other third parties. You agree not to display or use such marks without written permission from pass_by. or the appropriate party. The Materials on the Site are for use by you only. Nothing on this Site shall be construed as conferring any license under any of the pass_by. or any third party’s intellectual property rights, whether by estoppel, implication or otherwise. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Links to Other Web Sites

If any link is offered connecting You to a third party web site, it is as an accommodation to You and to the respective third party site owner and is provided without charge. Sites linked to and from this Site are not necessarily under the control of pass_by. and We shall have no responsibilities or liabilities whatsoever for the content including, without limitation, the accuracy or reliability of any information, data, opinions, advice or statements set forth therein, or privacy practices of any such linked site or any link or linking program at any time. We do not necessarily endorse companies (or related products or services) to or from which the Site is linked. If You decide to access any of the third party sites linked to this Site, You do so entirely at Your own risk.

Disclaimer of Warranties

pass_by. does not warrant that the Site will oprate error-free or that this Site and its server are free of computer viruses and otehr harmful goods. If Your use of the Site or the materials results in the need for servicing or replacing equipment or data, pass_by. is not responsible for those costs. The Site, and the contents therein, are provided “as is” and “as available”, and all warranties, express or implied, are disclaimed, including but not limited to, any implied warranties of merchantability, quiet enjoyment, non-infringement and fitness for a particular purpose. We are not responsible for damage or loss caused by errors of the Site, content on the Site or the internet. pass_by. does not exercise control over any third parties that provide content to the Site and therefore providesno representations or warranties regarding same. Additionally, the Site may be unavailable unexpectedly as a result of errors or circumstances beyond our control.

Limitation of Liability

To the extent permitted by law, we and third parties connected to us hereby expressly exclude: All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;

wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Indemnification

You agree to indemnify, hold harmless and release pass_by., its directors, officers, employees, contractors and agents, from and against any and all claims, damages, costs and expenses, including reasonable attorney’s fees, arising from or related to Your use of the Site and/or any content contained therein.

Changes to the Service

We reserve the right to modify, suspend or discontinue all or any portion of the Site at any time, with or without notice. Unless stated otherwise, any new features to the current Site shall be subject to these Terms of Use. These Terms of Use may be modified by pass_by. at any time with or without prior notice. Any such changes will be posted on the Site. Your continued use of the Site shall be deemed acceptance of any modifications.

Failure to Abide by these Terms

pass_by. may in its sole discretion terminate or suspend Your access and use of this Site immediately without notice to You if You breach these Terms of Use or if We are unable to verify or authenticate any information that You provide to Us. You agree that pass_by. shall not be liable to You or any third party for any termination of Your access to any Materials and/or the Site.

Governing Law; Consent to Jurisdiction

You agree that these Terms of Use are governed by the laws of England and that proper and convenient venue lies exclusively with the English Courts. You agree to be subject to the jurisdiction of the English Courts in the event that any litigation results concerning any aspect arising out of these Terms of Use.
pass_by. Privacy Policy

On-line information collected and certain other information about You is subject to our Privacy Policy. For more information, please see our full privacy policy.

Miscellaneous

This Terms of Use constitutes the entire agreement between You and pass_by. with respect to the Site. If any provision of this Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of the Terms, which shall remain in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only.
All examples of used pass_by. products on this website are for illustrative purposes only.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND pass_by. WHICH SUPERSEDES ANY PROPOSED OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND pass_by. RELATING TO YOUR USE OF THE SITE.