All images, pictures, drawings, graphics, videos, text, links, posts, messages, emails, music, software, technology and all other materials and content made available by xxx, its affiliates enterprises, licensors, service providers or by Users (as defined below) on the Services (the “Content”, and references hereafter to Services include also Content).
xxx means xxx, having its registered office at First Floor, 75 Davies Street, W1K 5JN, London, UK and registered with the Companies House under number 07539023;“us”, “we”, “our” means or relates to xxx, its affiliated enterprises, and each of our and our affiliated enterprises’ respective officers, directors, shareholders, employees, sub-contractors, representatives and assigns; and“you”, “your” means or relates to the Users.
2. Access to the Services
Users are responsible for making all arrangements necessary to gain access to the Services.
Access to each of the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend any Services we provide without notice. Subject to the section below entitled “Limitation of Liability”, we will not be liable in any way if, for any reason, Services are unavailable at any time or for any period. From time to time, we may restrict access to any or all parts of the Services, at our sole and absolute discretion.
3. Accounts and Password
xxx may require you to create a User account with us or log in using your Facebook login information to use (parts of) the Services. xxx may require you to provide a unique User name using Your email address or other identifier, a password, date of birth, title, name, address, country, telephone number and financial information to create a User account with Us. You must provide accurate and complete information and keep your User identification details updated. You will not use as a username a name of another person with the intent to impersonate that person. All User identification details, passwords and other pieces of information provided as part of our security procedures must be treated as confidential and should not be disclosed to any third party. You will be solely responsible to xxx for any activities that occur under your User account and we are not responsible for any problems with Your User account due to misuse of your identification details and/or passwords. If You become aware of or suspect any breach of the security of any portion of the Services, you agree to notify us immediately at email@example.com. You will not use another person’s User account or identification details to use the Services without permission.
use the Services in breach of any applicable laws, regulations or contractual duties;
use the Services to harm, abuse, harass, stalk, threaten or otherwise offend others;
interfere with, disrupt, or create an undue burden on the Services, or the associated hardware, software, and not impede or interfere with others’ use of the Services;
copy, harvest, crawl, index, scrape, spider, mine, gather, extract, compile, obtain, aggregate, or store any Content, including without limitation photos, images, text, music, video, audio, podcasts, data, software, source or object code, algorithms, analysis, formulas, or any other information available on or through the Service, including by an automated or manual process or otherwise;
bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services; and
copy, adapt modify, reverse engineer, decompile, assemble, otherwise temper with, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services.
Users must not upload, post, transmit, distribute or otherwise make available any material that: (i) is not that User’s own original work, or may infringe the rights of any third party, (ii) is false, misleading, untruthful or inaccurate, (iii) is defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability, or is otherwise inappropriate as determined by xxx in its sole and absolute opinion, (iv) contains, in xxx’s sole and absolute opinion, large amounts of untargeted, unwanted, unsolicited, repetitive, unauthorised content or any other form of similar solicitation (spam), or (v) contains financial, legal, medical or other professional advice.
To report any actual or suspected breaches of any of the above conditions, please contact us at firstname.lastname@example.org
5. Viruses, Hacking and Other Offences
Users must not:
misuse the Services by knowingly introducing viruses, trojans, worms, logic bombs, time bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful;
gain, or attempt to gain, unauthorised access to any part of the Services, any servers through which the Services are provided, or any server, computer or database connected to the Services; or
attack the Services via a denial-of-service attack or a distributed denial-of service attack or other malicious misuse of the Services.
Subject to the section below entitled “Limitation of Liability”, We will not be liable for any loss or damage caused by any form of denial-of-service attack, virus, worm, Trojan, logic bomb or other technologically harmful material that may infect any User’s computer equipment, computer programs, data or other proprietary material due to use of the Services, or downloading of any Materials posted on the Services, or on any website or other Materials provided through the Services.
6. Intellectual Property Rights and License
7. License Grant by Users
For clarity, the foregoing licences do not affect your other ownership or license rights in Content provided by you; you retain all copyright.
If we are notified in writing of any actual or alleged infringement of the intellectual property rights of any User, or any third party, we will make corrections or remove the alleged infringing material if requested, to the extent necessary to comply with applicable law. To notify us of any accidental breach of copyright, contact us at email@example.com.
8. Availability of Content
xxx does not guarantee that any Materials will be made available, and reserves the right to, but does not have the obligation to: (i) remove, edit, modify or otherwise manipulate any Materials in its sole discretion, at any time, without notice to the Users and for any or for no reason and (ii) remove, or block any Materials from the Services.
9. Reliance on Information
Opinions and Materials provided on the Services should not be treated as, and are not intended to be, advice or recommendations on which reliance should be placed. The opinions and Materials on the Services are not intended to be, and do not constitute, a communication, invitation or inducement to engage in any investment activity, or to otherwise deal in the shares of xxx, or any other company. Anyone contemplating any investment activity should not rely on any opinions or Materials made available via the Services. Subject to the section below entitled “Limitation of Liability”, we disclaim all liability and responsibility arising from any reliance placed on such opinions and Materials, to the extent permitted by applicable law.
Although we make reasonable efforts to update the Materials provided via the Services, we make no representations, warranties or guarantees, whether express or implied, that such Materials are correct, accurate, complete or up-to-date. xxx bears no responsibility for the accuracy of such Materials, and undertakes no duty to update, amend or rectify publicly any forward-looking statements contained herein, in light of new information or future developments.
10. Affiliate links
We participate in affiliate marketing and may allow affiliate links to be encoded on some of our pages. This means that we may earn a commission if and when you click on, make a purchase via, or take any other relevant action via the affiliate links.
11. User Generated Content
The Indemnifying Party agrees to cooperate with all reasonable requests from xxx in connection with the defence of any such claims. xxx Indemnitees reserve the right, at their sole discretion and cost, to assume the exclusive defence and control of any proceedings that would otherwise be subject to indemnification by the Indemnifying Party, and the Indemnifying Party shall not in any event settle any such claim or matter without the express prior written consent of xxx.
13. Limitation of Liability
The Services, and any Materials, are each provided on an “as is” basis and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Any and all use that Users make of the Services, or any Materials, will be on the same “as is” basis, without any guarantees. xxx does not warrant that the Services, or any Materials, or any other websites or online resources that may be linked to through the Services, will be accurate, compatible with any particular standards or equipment, free of defects, errors or potentially harmful components, available at any particular time or location, secure, or fit for any particular purpose.
To the maximum extent permitted by law, xxx hereby expressly excludes any liability for any direct, indirect, consequential, incidental, special, punitive, compensatory loss or damage incurred by any User in connection with the Services or any Materials, or in connection with the use, inability to use, or results of the use of the Services, or any Materials, any websites linked thereto and any materials posted thereon, or made available thereby, including, without limitation, any liability for: loss of profits or contracts, loss of anticipated savings, loss of business, loss of income or revenue, loss of, or damage to, data, loss of goodwill, wasted management or office time, and/or 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 tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
Users accessing the Services from outside the United Kingdom are responsible for ensuring that any use they may make of the Services is in compliance with all applicable laws and regulations. In the event that any use of the Services is contrary to any applicable laws or regulations outside the United Kingdom, xxx expressly disclaims and excludes any and all liability howsoever arising and of whatsoever nature arising from or in connection with such laws or regulations.
14. Privacy Statement
15. Linking to or interacting with the Services
Users may link to the Services, provided this is done in a fair and legal manner, and does not damage, diminish or take any unfair advantage of xxx’s reputation. The Services must not be ‘framed’ on or within any other website. Any service that links to or otherwise interacts with the Services must (i) not scrape the Materials from our pages, databases or feeds and reuse for its own or public use, and (ii) not imply that xxx is endorsing its products or services.
16. Links from the Services
Where the Services contain links to other websites and resources provided by third parties, these links are provided for information purposes only. xxx has no control over the contents of those websites or resources, and accepts no responsibility for them or for any loss or damage that may arise from any use of them. The inclusion on the Services of any links to third party websites or content is not an indication that xxx endorses or approves of those third party sites or content. Subject to the section above entitled “Limitation of Liability”, we accept no liability of any kind for any information, products or services provided in or through any third party websites or content.
xxx reserves the right to post, from time to time, additional terms and conditions that apply to specific parts of the Services including without limitation competitions, prize draws and promotions. Your use of those parts of the Services constitutes your agreement to those additional terms and conditions.
18. Entire Agreement and Severability
19. No Waiver
21. Jurisdiction and Applicable Law
22. Questions, Comments and Concerns
If you wish to make a formal complaint about any of the Materials or Services, or to raise any questions, comments or concerns about the Materials or the Services, please contact us at firstname.lastname@example.org.