Accessing the Site and Modifications
Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend any Service (including any feature or link to or from another website or mobile application) we provide on the Site without notice (see below). We will not be liable if for any reason the Site is unavailable at any time or for any period.
We may restrict access to some parts of the Site, or entire Site, to Registered Users.
You are responsible for making all arrangements necessary for you to have access to the Site.; You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them.
Users access and use the Site at your own risk
To the extent permitted by law, we are not responsible for any type of loss or damage which you may sustain as a result of accessing and using the Site.
The Site is accessed via the World Wide Web which is independent of our business.; Using the Web is at your own risk and subject to all applicable national and international laws and regulations.
We reserve the right to modify, supplement, move or delete portions of or add to the Site at any time with or without notice.; We agree to use our reasonable endeavours to maintain the Site in a fully operational state, error free. As we cannot guarantee that this will always be the case we do not accept any liability for any defects that may exist, or for any costs, loss of profits, loss of data, or consequential loss or damage arising from a Users' use of, or inability to access the Site.
We do not give any warranties in respect of the Site. All implied warranties are excluded from these conditions to the extent that they may be excluded by law.
Terms of Site Use
Uploading Material to the Site
You represent and warrant that:
- You own all contribution in content or material in any form ("Contributions") on or through the Site; and the posting of your Contributions does not violate the privacy rights, publicity rights, intellectual property rights or any other rights of any person.
- Whenever you make use of a feature or Service that allows you to upload Contributions, or to make contact with other Users, you must comply with the content standards set out below. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
- Any Contributions you upload to the Site which is available to be viewed by other Registered Users will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose without acknowledgement or financial compensation to you.; We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.
- We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User.
- We have the right to remove any Contribution you make on the Site.
Registered Users - Posting Content and Using Content Posted on the Site
As a Registered User, you grant us a licence to Contributions and all text, photos, and other materials you display, publish or post to the Site.; You will continue to own all such content and you continue to have the right to use the content as you wish.
You grant to us and you represent and warrant that you have the right to grant us, an irrevocable, perpetual, non exclusive, transferable, fully paid, worldwide licence (with the right to sub-licence) to use, copy, modify, publicly perform, publicly display, reproduce, reformat, translate, excerpt (in whole or in part) and distribute Contributions and other content for any purpose, commercial, advertising or otherwise, on or in connection with the Site or the Services, or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorise sublicenses of the foregoing.
This Licence will terminate at the time you remove your Contributions from the Site, however you acknowledge that removal of Contributions is not instantaneous and further that we will retain archived copies of your Contributions and will, if required by law, disclose any such Contributions to relevant authorities.
You authorise us to modify your Contributions in order to conform to the interface or display requirements of the Site or Services or of other communications media as set forth above, and/or to render them compatible with our technical performance or media format in question.
Eligibility to Use the Website
By using the Site or Services, you represent and warrant that:
- all registration information you submit is truthful, accurate and up to date;
- you will maintain the accuracy of such information;
- you are 15 years of age or older; and
- your use of the Site does not violate any applicable law or regulation.
You may use the Site only for lawful purposes.
You agree not to use, or permit or to allow any party under your control to use the Site:
- in any way that breaches any applicable local, national or international law or regulation.
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- for the purpose of harming or attempting to harm minors in any way.
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards.
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- You also agree not to access without authority, interfere with, damage or disrupt any part of our site, any equipment or network on which the Site is stored, any software used in the provision of the Site or any equipment or network or software owned or used by any third party.
Viruses, Hacking and Other Offenses
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the 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 the 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 the Site or to your downloading of any material posted on it, or on any website linked to it.
These content standards apply to any and all material which you contribute to the Site ("Contributions"). You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must not:
- contain any material which is defamatory of any person;
- contain any material which is abusive, threatening, obscene, offensive, hateful or inflammatory;
- promote sexually explicit material;
- promote terrorism, hatred or violence or the exploitation of people;
- promote discrimination based on race, bigotry, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right or trade mark of any other person;
- be likely to deceive any person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal activity;
- be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse;
- promote physical harm of any kind against any group or individual;
- harass or advocate harassment of another person;
- contain nudity, violence, or offensive subject matter or contains a link to an adult website;
- promote information that you know is false or misleading;
- involve the transmission of "junk mail", "chain letters", or unsolicited mass mailing, instant messaging, "spimming", or "spamming";
- provide any telephone numbers, street addresses, last names, email addresses or other contact or identifying details of any private individual or public figure;
- include a photograph of another person that you have posted without that person's consent;
Intellectual Property Rights (IPR)
We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it.; Those works are protected by copyright laws and treaties around the world.; All such rights are reserved.
As a highly innovative technology company, we invest significant amounts of engineering and financial resources in developing our technology and we believe in aggressively procuring, exploiting and, where necessary, enforcing our IPR.
Our technology has significant market and technical advantages which are protected by our IPR and we are committed to preserving and enhancing its competitive position through its strategic IPR portfolio management, including taking offensive and/or defensive legal action, as necessary.; We reserve the right to take such actions and/or assert its intellectual property rights as it sees fit without prior notice.
You may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference and you may draw the attention of others within your organisation to material posted on the Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way.
Our status (and that of any identified contributors) as the authors of material on the Site must always be acknowledged.
You must not use any part of the materials on the Site for commercial purposes without obtaining a licence to do so from us or our licensors.
Unauthorised use of any of our IPR or the IPR of our licensors or business partners damages not only ourselves and our partners but the industry as a whole. We will not tolerate unauthorised infringements of IPR and will pursue infringers to obtain resolution and if necessary formal remedies and relief to the fullest extent possible, including injunctions, damages (and exemplary or enhanced damages if applicable) or an account of the infringers profits, and enforcement costs.
Under certain circumstances, we may be willing to enter into licensing arrangements to allow third parties to use our IPR.; We only grants licences in writing and each licence is subject to formally agreed terms and conditions.
Our Liability - Important Notice
THE MATERIAL DISPLAYED ON THE SITE IS PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY.
WE DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS.; IF YOUR USE OF THE SITE OR THE SITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE AND SITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OTHER MEMBERS OF OUR GROUP OF COMPANIES AND THIRD PARTIES CONNECTED TO US EXPRESSLY EXCLUDE:
DISCLAIM ALL CONDITONS, WARRANTIES AND OTHER TERMS, WHETHER EXPRESS OR IMPLIED, WHICH MIGHT BE IMPLOITED BY STATUE, COMMON LAW OR THE LAW OF EQUITY, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO OUR SERVICES OR THE SITE OR THE FUNCTIONALITY, PERFORMANCE OR RESULTS THEREOF.; WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SITE, SITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS.
ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY ANY USER IN CONNECTION WITH THE SITE OR ITS CONTENT OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF THE 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.
The exclusion of liability set out above 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.
Jurisdiction and Applicable Law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to and/or your use of the Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.