Terms of Use

This explains how you use the MIA website

Please be aware that the Forum is a public message board, which can be viewed by members only. Any personal information that you disclose on the forum will be available for any other member to read – it is strongly recommended that you do not post personal details or sensitive personal data on the forum.

 

Use by you of this site

You must use this site in a lawful manner consistent with all applicable laws and regulations.

You must not use this site or any services on this site: to send, receive, upload, download, store, use, distribute or publish any material that is offensive, defamatory, obscene, or which breaches of any other person’s intellectual property rights;

To send unsolicited emails or messages or to collect or store personal data about other users of this site without their consent or for any other purpose in breach of the Data Protection Act 1998;

To carry out any activities to obtain lists of users;

To use or transmit through this site any material that contains viruses or use any software designed to interrupt the functionality of any computer software or hardware or this site;

To do anything that imposes an unreasonable load on this site.

You agree to indemnify MIA – Military Image Archive and hold MIA – Military Image Archive harmless against any claims, and reasonable costs or expenses resulting from your use of this site or services on this site in breach of clause 5.

Use by you of this site in breach of this clause 5 entitles Treasure Trails to terminate immediately your access permission to this site.

 

Proprietary Rights

You acknowledge and agree that the entire content, design and the selection and arrangement of the content and material contained in this site, including but not limited to text, software (including applets), music, sound, photographs, graphics, video, page layout, are protected by copyrights, trade marks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that you are permitted to use this material and information only on the bases expressly set out below and any use such as but not limited to: copying, reproducing, transmitting, distributing, or creating derivative works of such content or information is prohibited without the prior express written authorisation of MIA – Military Image Archive.

You acknowledge that the copyright, design right and all other intellectual property rights in any product purchased from MIA – Military Image Archive (including images and any other documents or items prepared or produced in relation to the images belong to us absolutely, subject to any copyright in any images which may be uploaded for the purposes of creating a forum or group.

The names, images and logos identifying MIA – Military Image Archive are propriety marks of MIA – Military Image Archive.

You are not to print and download extracts, images or video from this site only on the following bases:

use of documents and related graphics on this site, downloads or creations from this site are for personal non-commercial use only;

any copies of these pages saved to disk or to any other storage medium may only be used for subsequent viewing purposes or to print extracts for personal use;

No documents, images or related graphics on this site are to be modified in any way;

No part of this site or any image or created from the site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without MIA – Military Image Archive prior written permission.

The copying, reproducing, transmitting, distributing, or creating of derivative works of the content or information contained in this site or from images downloaded or created from this site are prohibited without the prior express written authorisation of MIA – Military Image Archive.

Any rights not expressly granted in these Terms and Conditions are reserved to MIA – Military Image Archive.

 

 

Refund, Cancellation and Replacement Policy

MIA – Military Image Archive does not offer refunds for any account terminated before the end of each paying year. Cancellation of an order is only possible up to the point of payment. Once payment has been made, and the payment-completed screen is accessed, cancellation is not possible.

 

Currency and Export Restrictions

All orders processed through this site will be conducted using GBP.

All images are located in the UK & Ireland, export restrictions do not apply.

 

 

  1. Definitions

1.1  The following definitions shall apply to these Forum Terms:

1.1.1 “Cookies” means small text files websites can use to recognise repeat users and facilitate users’ ongoing access to and preferences within a website;

1.1.2 “Denial of Service Attack” means any attempt by any means to make the Forum unavailable to users;

1.1.3 “Flame War” means to turn a discussion into a heated and vigorous exchange of personal attacks or crude name-calling; and

1.1.4 “Trolling” means to deliberately post false or controversial messages solely to annoy or offend or gain attention.

 

  1. Disclaimer

2.1 We do not vet and are not responsible for any of the information which is posted on the forum. We are not the author or publisher of any such information.

2.2 Any opinions expressed are the opinions of the users of the Forum, and do not represent any advice or opinions of MIA – Military Image Archive or any qualified medical professional. Any recommendation or other information within the Forum is followed by you at your own risk and we do not warrant the accuracy of the information posted on it in any respect.  MIA – Military Image Archive is not responsible for and gives no endorsement of such material.

2.3 MIA – Military Image Archive reserves the right to remove any message at its sole discretion for any reason whatsoever. This reservation of right to delete messages does not mean that MIA – Military Image Archive assumes any responsibility for the information contained on the Forum nor for content in messages exchanged between users through private messaging. No failure to remove particular material constitutes an endorsement or acceptance of it by us.

2.4 MIA – Military Image Archive recommends that anyone accessing this Forum should obtain specific advice from a suitably qualified professional in relation to any specific medical concerns.

 

  1. Terms of use

3.1 By registering for the Forum and posting messages, you warrant that:

3.1.1 You are aged over 18 or if you are aged under 18 you will be using the Forum under the consent and supervision of an adult;

3.1.2 You acknowledge the Forum uses cookies to assist the functionality of the website only – personal data is not collected through cookies; and

3.1.3 You acknowledge MIA – Military Image Archive is entitled to contact you for administration purposes

3.2 You may use the Forum only to post comments, messages and material that are proper and appropriate to it and without limiting the generality of the foregoing you shall not do any of the following:

3.2.1 pPost messages, send private messages (which are not moderated by us but must still comply with these Forum Terms) or post links to other sites that:

(a) may be considered likely to provoke, offend, threaten, defame, stalk or harass others;

(b) contain libellous, abusive, racist, sexist, homophobic, ageist, sexually explicit, obscene or otherwise vulgar or in bad taste material;

(c) bully another user by deliberate, repeated and hostile behaviour intended to undermine, humiliate or belittle;

(d) advertise or offer to sell products or services for profit or solicit other users for commercial purposes;

(e) conduct or forward surveys or contests;

(f) solicit other users for fundraising purposes for any organisation other than for MIA – Mlitary Image Archive;

(g) ask for volunteers for professional research studies without the prior written consent of Epilepsy Society;

(h) impersonate any person or entity or otherwise violate the legal rights (such as rights of privacy or intellectual property rights where applicable) of others; or

(i) break the law or encourage unlawful activity (eg illicit drug use, including medicinal marijuana).

3.2.2 post on the Forum, or send through the private messaging service, spam, junk mail, chain letters, money making or pyramid schemes;

3.2.3 carry out a Denial of Service Attack;

3.2.4 start a Flame War or deliberately post false or controversial messages solely to annoy or offend or gain attention (otherwise known as Trolling);

3.2.5 use multiple accounts simultaneously or impersonate another person or allow other people to post on the Forum using your account;

3.2.6 post images on the Forum or post links to images;

3.2.7 upload files or post anything containing malicious code, viruses, corrupted files or other similar harmful programs or material that may damage the operation of the MIA – Military Image Archive or any other party’s computer;

3.2.8 upload files or post anything that contains software or other material protected by intellectual property laws (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents;

3.2.9 upload files or post anything which contains an active hypertext link to another website unless connected to a specific subject and with the creators permission.

3.2.10 post a comment on a current court case (as to do so may be in contempt of court);

3.2.11 post any material which is copied to which you do not own the copyright;

3.2.12 delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;

3.2.13 falsify the origin or source of any content or other material (including software contained in a file that is uploaded);

3.2.14 post in any language other than that which the Forum is being moderated in; or

3.2.15 post messages referring to:

(a) health professionals by name;

(b) recipients of care;

(c) indirect references to people or organisations that may identify a person; or

(d) any such posts that could damage the reputation of a living individual or organisation.

3.3 You acknowledge that this Forum is not a place for crisis support. People seeking support in a crisis should contact emergency services. Posts explicitly discussing self-harm or suicide will be removed as soon as they come to the attention of MIA – Military Image Archive.

 

  1. Moderation

4.1 Apart from new members’ posts (which are sent for moderation until a certain level of community involvement has been established), we moderate after material has been posted and then decide whether it is suitable to remain.

4.2 The moderators actively monitor the Forum but we cannot be online 24 hours a day and users may post inappropriate material.

4.3 If you discover any content on the Forum which you consider breaches any of these Forum Terms, or is otherwise unacceptable, you should notify MIA – Military Image Archive immediately by using the reporting feature (this is the triangle shaped icon with an exclamation mark in it, found at the top of every post).  Please realise that we may not be able to remove or edit messages immediately.

4.4 You acknowledge that MIA – Military Image Archive does not pre-screen content of users once they have passed their probationary period, but moderators have the right to delete or edit any post or thread that breaks any of these Forum Terms.

4.5 MIA – Military Image Archive will decide whether to warn or ban the user who breached the Forum Terms.  Users who break these Forum Terms after receiving a warning may be permanently banned.

4.6 MIA – Military Image Archive shall be entitled at any time to delete, remove or suspend the whole or any part of the Forum or any information posted in it without notice and without incurring any liability.

4.7 You acknowledge that MIA – Military Image Archive has the right to delete an account without prior notice or reason and that MIA – Military Image Archive decision to remove or ban an individual from using the Forum is final.  MIA – Military Image Archive is not obliged to enter into any correspondence regarding the moderation of content on the Forum.

 

  1. Your information

You acknowledge, consent and agree that MIA – Military Image Archive may access, preserve, and disclose your account information and any content posted by you in order to: (a) comply with any legal process; (b) enforce these Forum Terms; (c) respond to claims that any content posted on the Forum violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of MIA – Military Image Archive, other users of this website and the public.

 

  1. Our liability

6.1 To the extent permitted by law, we, and third parties connected to us (including, without limitation, administrators and moderators) hereby expressly exclude:

6.1.1 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Forum or in connection with the use, inability to use, or results of the use of our Forum, and any materials posted on it, including, without limitation any liability for:

(a) loss of income or revenue;

(b) loss of business;

(c) loss of profits or contracts;

(d) loss of data;

(e) loss of goodwill or injury to reputation;

(f) 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.

6.2 This does not affect our liability for death or personal injury arising from our negligence, nor our fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

 

  1. Variation

The Forum Terms are subject to change at any time. MIA – Military Image Archive will aim to make users aware of any significant changes. You should check the Forum Terms periodically to ensure that you are aware of and complying with the current version. Use of the site following changes shall indicate your acceptance of the new Forum Terms.

 

  1. Severability

If any of these Forum Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law

 

  1. Governing Law and Jurisdiction

These Forum Terms shall be governed by and interpreted in accordance with the laws of the regions within the UK & Ireland and you and MIA – Military Image Archive agree to submit to the exclusive jurisdiction of the Northern Ireland courts for the determination of disputes.

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