This policy, our Terms and Conditions and our other applicable policies govern your use of our Software and Hosting Services. This policy sets forth use restrictions and the types of activities and/or content that is prohibited from being posted, published, or uploaded on or to the Software and Hosting Services.
Any capitalised terms not defined in this policy shall have the meanings set forth in our Terms and Conditions.
If you do not agree with any part of this policy, please refrain from using our Software and Hosting Services. Your continued use of our Software and Hosting Services implies acceptance of this policy and of our Terms and Conditions.
Please carefully review this policy which applies to:
- any and all use of our Software and Hosting Services
- all content made available on or through the Software and Hosting Services, including:
- Our IP
- Content Material
- Your Material
- User Content
Use of the Software and Hosting Services
When you use the Software and Hosting Services you warrant that you will comply with this policy and with all applicable laws.
You also acknowledge that you may not (and may not allow or encourage others to):
- Systematically retrieve Content from the Software and Hosting Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Make any unauthorised use of the Software and Hosting Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
- Circumvent, disable, or otherwise interfere with security-related features of the Software and Hosting Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Software and Hosting Services and/or the Content contained therein.
- Engage in unauthorised framing of or linking to the Software and Hosting Services.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Make improper use of our Software and Hosting Services, including our support services or submit false reports of abuse or misconduct.
- Engage in any automated use of the Software and Hosting Services, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on the Software and Hosting Services.
- Attempt to impersonate another user or person or use the username of another user.
- Use any information obtained from the Software and Hosting Services in order to harass, abuse, or harm another person.
- Use the Software and Hosting Services as part of any effort to compete with us.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Software and Hosting Services, except as expressly permitted by applicable law.
- Attempt to bypass any measures of the Software and Hosting Services designed to prevent or restrict access to the Software and Hosting Services, or any portion of the Software and Hosting Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Software and Hosting Services to you.
- Delete the copyright or other proprietary rights notice from any Content.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Software and Hosting Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Software and Hosting Services.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms').
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Software and Hosting Services, or using or launching any unauthorised script or other software.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Software and Hosting Services.
- Use the Software and Hosting Services in a manner inconsistent with any applicable laws or regulations.
If you subscribe to our Software and Hosting Services, you understand, acknowledge, and agree that you may not, except if expressly permitted:
- Engage in any use, including modification, copying, redistribution, publication, display, performance, or retransmission, of any portions of the Software and Hosting Services, other than as expressly permitted by this policy, without our prior written consent, which consent we may grant or refuse at our sole and absolute discretion.
- Reconstruct or attempt to discover any source code or algorithms of the Software and Hosting Services, or any portion thereof, by any means whatsoever.
- Provide, or otherwise make available, the Software and Hosting Services to any third party.
- Intercept any data not intended for you.
- Damage, reveal, or alter any user's data, or any other hardware, software, or information relating to another person or entity.
- When you use the Software and Hosting Services you warrant that you will comply with this policy and with all applicable laws.
The Software and Hosting Services may allow you and your Website users to upload, transmit, or post Content. We may but are under no obligation to review or moderate the Content made on the Software and Hosting Services, and we expressly exclude our liability for any loss or damage resulting from any of our users' breach of this policy. Please report any Content that you believe breaches this policy; however, we will determine, in our sole discretion, whether Content is indeed in breach of this policy.
You warrant that:
- you are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Software and Hosting Services, and other users of the Software and Hosting Services to use your Content in any manner contemplated by the Software and Hosting Services and this policy;
- all your Content complies with applicable laws and are original and true (if they represent your opinion or facts);
- the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Content do not and will not infringe the proprietary rights, including (but not limited to) the copyright, patent, trademark, trade secret, or moral rights of any third party; and
- you have the verifiable consent, release, and/or permission of each and every identifiable individual person in your Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Content in any manner contemplated by the Software and Hosting Services and this policy.
You also agree that you will not (and will not allow or encourage others to) post, transmit, or upload any (or any part of) Content that:
- is in breach of applicable laws, regulation, court order, contractual obligation, this policy, our Legal Terms, a legal duty, or that promotes or facilitates fraud or illegal activities;
- is defamatory, obscene, offensive, hateful, insulting, intimidating, bullying, abusive, or threatening, to any person or group;
- is false, inaccurate, or misleading;
- includes child sexual abuse material, or violates any applicable law concerning child pornography or otherwise intended to protect minors;
- contains any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner;
- promotes violence, advocates the violent overthrow of any government, or incites, encourages, or threatens physical harm against another;
- is obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, contains sexually explicit material, or is otherwise objectionable (as determined by us);
- is discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age;
- bullies, intimidates, humiliates, or insults any person;
- promotes, facilitates, or assists anyone in promoting and facilitating acts of terrorism;
- infringes, or assists anyone in infringing, a third party's intellectual property rights or publicity or privacy rights;
- is deceitful, misrepresents your identity or affiliation with any person and/or misleads anyone as to your relationship with us or implies that the Content was made by someone else than you;
- contains unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation that has been 'paid for', whether with monetary compensation or in kind; or
- misrepresents your identity or who the Content is from.
You may not use (or allow or encourage others to use) our Software and Hosting Services to offer, present, promote, sell, give away or otherwise make available any good or service involving:
- items that promote, encourage, facilitate, or instruct others how to engage in illegal activity,
- controlled substances and/or other products that present a risk to consumer safety, narcotics, steroids, drug paraphernalia,
- sexually-oriented materials or services,
- stolen goods,
- any transaction or activity that requires pre-approval without having obtained said approval.
- The Software and Hosting Services may allow you and your Website users to upload, transmit, or post Content. We may but are under no obligation to review or moderate the Content made on the Software and Hosting Services, and we expressly exclude our liability for any loss or damage resulting from any of our users' breach of this policy. Please report any Content that you believe breaches this policy; however, we will determine, in our sole discretion, whether Content is indeed in breach of this policy.
Reporting a Breach of this Policy
We may but are under no obligation to review or moderate the Content made available on or through the Software and Hosting Services and we expressly exclude our liability for any loss or damage resulting from any of our users' breach of this policy.
If you consider that any Content:
- breaches this policy; or
- infringes upon any third-party intellectual property rights, please
Consequences of Breaching this Policy
The consequences for violating our policy will vary depending on the severity of the breach and your history in using the Software and Hosting Services.
We may, in some cases, give you a warning and/or remove the infringing Content. If, however, we deem your breach to be of a serious nature or if you continue to breach this policy or our Terms and Conditions, we may suspend or terminate your access to and use of our Software and Hosting Services and, if applicable, terminate the Terms of Reference. We may also notify law enforcement or issue legal proceedings against you when we believe that there is a genuine risk to an individual or a threat to public safety.
We exclude our liability for all action we may take in response to any of your breaches of this policy.
Complaints and Removal of Legitimate Content
If you consider that some Content have been mistakenly removed or blocked from the Software and Hosting Services, please refer to the contact details at the bottom of this document and we will promptly review our decision to remove such Content. The Content may stay 'down' whilst we conduct the review process.
We are under no obligation to monitor users' activities, and we disclaim any responsibility for any user's misuse of the Software and Hosting Services. We have no responsibility for any user or other Content created, maintained, stored, transmitted, or accessible on or through the Software and Hosting Services, and is not obligated to monitor or exercise any editorial control over such material. If we become aware that any such Content violates this policy, we may, in addition to removing such Content and blocking your account, report such breach to the police or appropriate regulatory authority. Unless otherwise stated in this policy, we disclaim any obligation to any person who has not entered into an agreement with us for the use of the Software and Hosting Services.
Do We Make Updates to This Policy?
We may update this policy from time to time. The updated version is indicated by a "Last Updated" date and the updated version will be effective as soon as it is accessible. If we make material changes to this policy, we may communicate these changes to you by:
- posting a notice of such changes on our website or
- notifying you directly via email
How Can You Contact Us About This Policy?
If you have any further questions or comments or wish to report any problematic Content, you may contact us via our website contact form, email or by phone on 0800 46343932.
"Content" has the meaning given to it in clause 1(b).