ATTENTION This legal notice applies to the entire contents of this website under the domain name BeeNut.com and to any associated websites owned or operated by us ("Website") and to any correspondence by e-mail between us and you. Please read these terms carefully before using this Website. Using this Website indicates that you accept these terms (regardless of whether or not you choose to register with us). If you do not accept these terms, do not use this Website. This notice is issued by BeeNut Limited ("BeeNut").

1. INTRODUCTION

1.1 You may access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.

1.2 By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates.

1.3 BeeNut may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.

1.4 BeeNut may from time to time offer other services which may be subject to different terms and conditions and which will be notified to the user of the relevant service and which will apply to that particular service, failing which the terms of this legal notice will apply.

2. SERVICE PROVIDED

2.1 Website is designed to provide a communications service that enables its users to use the latest BeeNut software (the " Software ") to create a private chat room with another individual in order to communicate in real time over the Internet, analogous to a telephone conversation but using text-based, not voice-based, communication.

2.2 BeeNut provides interoperability between each of five instant messaging platforms, provided that the user has a pre-existing account with those networks.

3. BEENUT  INTELLECTUAL PROPERTY

3.1 Unless otherwise stated, the copyright, trade marks and other intellectual property rights in all material or content supplied as part of this Website (including without limitation photographs and graphical images) are owned by BeeNut or its licensors. You are permitted to use this material or content only as expressly authorised in writing by BeeNut or its licensors. ICQ is registered trade marks of America Online, Inc., MSN is a registered trade mark of Microsoft Corporation, Yahoo is a registered trade mark of Yahoo! Inc.,and QQ is a registered trade mark of Tencent.

3.2 No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without BeeNut's prior written permission.

3.3 Any rights not expressly granted in these terms are reserved.

4. SERVICE ACCESS

4.1 While BeeNut endeavours to ensure that this Website is available 24 hours a day, BeeNut shall not in any way be liable if for any reason this Website is unavailable at any time or for any period.

4.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond BeeNut's control.

5. CONTENT, VISITOR, MATERIAL AND CONDUCT

5.1 Users are required to use the Software and Website responsibly.

5.2 You acknowledge and agree that BeeNut has no control whatsoever over the information shared between users (which may include material inappropriate for children) ( "Content" ) and that it is entirely your responsibility to ensure that your accessing, copying, use and/or dealing in any other way with the Content is legal under any applicable law. You undertake to satisfy yourself of the risks involved and acknowledge that the Content may contain technically harmful data and/or programmes including without limitation computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) and may, amongst other things, cause harm to your computer, your network and/or any programmes on each.

PLEASE SEE IMPORTANT INFORMATION ON INTELLECTUAL PROPERTY LAW AT PARAGRAPH 3 OF THE DISCLAIMER

5.3 Other than personally identifiable information, which is covered under the Privacy Policy , any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. BeeNut shall have no obligations with respect to such material. BeeNut and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

5.4 You are prohibited from posting or transmitting to or from this Website or to another user any material or Content

5.4.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;

5.4.2 for which you have not obtained all necessary licences and/or approvals from the relevant persons including without limitation with respect to copyright or any third party intellectual property rights, from the owners of such rights and in this regard you are referred to the information in relation to intellectual property law as set out at paragraph 3 of the Disclaimer;

5.4.3 which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or

5.4.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

5.5 You may not misuse the Website (including, without limitation, by hacking).

5.6 BeeNut shall fully co-operate with any law enforcement authorities or court order requesting or directing BeeNut to disclose the identity or locate anyone posting or transmitting any material or Content in breach of paragraph 5.4 or paragraph 5.5.

6.0 LINKS TO OTHER WEBSITES

6.1 Links to third party websites on this Website, including (without limitation) those relating to third party software, are provided solely for your convenience. If you use these links, you leave this Website. BeeNut has not reviewed these third party websites and does not control and is not responsible for these websites or their content, availability, safety, quality or fitness for purpose. BeeNut therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk .

6.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions

6.2.1 you do not remove, distort or otherwise alter the size or appearance of any of our trading names, logos and/or trade marks;

6.2.2 you do not create a frame or any other browser or border environment around this Website;

6.2.3 you do not in any way imply that BeeNut is endorsing any products or services other than its own;

6.2.4 you do not misrepresent your relationship with BeeNut nor present any other false information about BeeNut;

6.2.5 you do not otherwise use any BeeNut trade marks displayed on this Website without express written permission from BeeNut;

6.2.6 you do not link from a website that is not owned by you; and

6.2.7 your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

6.3 BeeNut expressly reserves the right to revoke the right granted in paragraph 6.2 for breach of these terms and to take any action it deems appropriate.

6.4 You hereby fully indemnify BeeNut and hold BeeNut harmless for any loss (including without limitation consequential losses, loss of profit and loss of reputation, and all interest, penalties and legal and other professional costs and expenses) or damage suffered by BeeNut or any of its group companies for breach of paragraph 6.2.

7. ACCESS TO THIRD PARTY FILES

7.1 BeeNut cannot accept any responsibility and hereby excludes any and all liability relating to or resulting from your use of this Website and/or any software on or through this Website for the purposes of accessing or in any way dealing with third party files, data, content and/or material including (without limitation) such files data and/or material stored in or on the hard drive of other users of this Website and/or any software on this Website which may be proprietary in nature and where its use without the proper permission of the right holder may be illegal.

7.2 Where you are using or intending to use any BeeNut software, including (without limitation) the Software, you are again reminded of and referred to the terms and conditions applicable to the use of such software.

8. CHILDREN AND MINORS

Children under 18 years of age must have permission from their parents or legal guardians to use the Website and/or the Software. Parents and legal guardians are put on notice that BeeNut has no control whatsoever over the Content of the Website. Whilst BeeNut requests all users to use the Software and/or the Website responsibly, BeeNut is unable to and will not pre-screen/monitor the use of the Website and/or Software. It is the responsibility of parents and guardians of minors to determine the appropriateness or otherwise of the relevant Content to the child.

9. REGISTRATION

9.1 Each registration is for a single user only. BeeNut does not permit you to share your user name and password with any other person nor with multiple users on a network.

9.2 Responsibility for the security of any passwords issued rests with you.

10. INFORMATION PROVIDED

10.1 You hereby confirm and agree that any information that you may provide BeeNut from time to time whether for the purposes of registration for use of the Website or otherwise (" Information" ) will be true, accurate, complete and not in any way misleading and you agree that the Information will be updated by you promptly as and when necessary to ensure that the Information remains at all times true, accurate, complete and not in any way misleading.

10.2 If for any reason the Information is not true, accurate, complete and/or is misleading or BeeNut suspects this to be the case, BeeNut hereby reserves the right to suspend or terminate your ability to use the Website, restrict your future ability to access the Website and/or require you to destroy any copy of the Software which you may have use and/or control of and you agree to immediately comply with any such request.

11. DISCLAIMER

Users are referred to and requested to read the Disclaimer, which, for the avoidance of doubt, is deemed to form part of this legal notice.

12. OPEN SOURCE SOFTWARE

12.1 Certain elements of the Software contain source code which is made available for use or modifications by users and other developers as they see fit (" Open Source "). In respect of these elements of the Software, including but without limitation, Xvid video codec and OpenSSL library, the terms of the GNU General Public License (" GNU ") will apply.

12.2 If you intend to download or otherwise make use of the Software, it is important that you read the full provisions relating to Open Source at clause 2 of the Download Licence.

13. LIABILITY

13.1 BeeNut, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of BeeNut's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude any and all liability and responsibility for any amount or kind of claim, loss (including without limitation consequential losses, loss of profit and loss of reputation, and all interest, penalties and legal and other professional costs and expenses) or damage that may result to you or a third party in any way in connection with

13.1.1 this Website in any way;

13.1.2 the use, inability to use or the results of use of this Website; or

13.1.3 any websites linked to this Website or the material on such websites.

13.2 Nothing in this legal notice shall exclude or limit BeeNut's liability for

13.2.1 death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or

13.2.2 fraud; or

13.2.3 any liability which cannot be excluded or limited under applicable law.

13.3 If, as a result of using this Website or any material on it, you require servicing, repair or correction of equipment, software or data, you agree that you alone will bear any and all costs related to such servicing, repair or correction and that BeeNut shall not in any way be responsible to you in this regard.

14. INDEMNITY

You hereby agree to indemnify and keep BeeNut and its subsidiaries, affiliates, officers, employees, agents and other partners harmless from and against all costs, claims, demands, liabilities, expenses, damages or losses (including without limitation consequential losses, loss of profit and loss of reputation, and all interest, penalties and legal and other professional costs and expenses) arising out of or in connection with your negligence, default or breach of these terms and condition, use of this Website and/or the Software including in particular (but without limitation) the misuse or breach of any third party's copyright or intellectual property rights.

15. DEALINGS WITH THIRD PARTIES

15.1 You acknowledge and agree that BeeNut is not in any way responsible for any products and/or services you use and/or purchase from any providers of such products and/or services found on or through the Website.

15.2 Accordingly, any dealings between you and such providers of products and/or services are between you and that provider and do not in any way involve BeeNut and/or any party related to or associated with it. BeeNut is not therefore responsible for and, to the maximum extent permitted by law, hereby excludes any and all liability relating to or arising from any loss (including without limitation consequential losses, loss of profit and loss of reputation, and all interest, penalties and legal and other professional costs and expenses) and/or damage that you may suffer as a result of any such dealings.

16. BeeNut TRADE MARK

BeeNut ™ belongs to BeeNut and must not be used in any way without the prior written consent of a duly authorised officer of BeeNut.

17. WAIVER

17.1 The failure by us to exercise or delay in exercising a right or remedy provided to us by this legal notice or by any applicable law does not constitute a waiver by us of our right or remedy or a waiver by us of our other rights or remedies.

17.2 A waiver by us of a breach of any of the terms of this legal notice or of a default by you under this legal notice does not constitute a waiver by us of any other breach or default and shall not affect the other terms of this legal notice.

17.3 A waiver by us of a breach of any of the terms of this legal notice or of a default by you under this legal notice will not prevent us from subsequently requiring you to comply with the waived obligation.

18. GOVERNING LAW AND JURISDICTION

This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts