1. Introduction
1.1 These
terms and conditions shall govern your use of our website.
1.2 By
using our website, you accept these terms and conditions in full; accordingly,
if you disagree with these terms and conditions or any part of these terms and
conditions, you must not use our website.
1.3 If
you register with our website, submit any material to our website or use any of
our website services, we will ask you to expressly agree to these terms and
conditions.
1.4 You
must be at least [18] years of age to use our website; and by using our website
or agreeing to these terms and conditions, you warrant and represent to us that
you are at least [18] years of age.
1.5 Our
website uses cookies; by using our website or agreeing to these terms and
conditions, you consent to our use of cookies in accordance with the terms of
our [privacy and cookies policy].
2. Copyright
notice
2.1 Copyright
(c) [year(s) of first publication] [full name].
2.2 Subject
to the express provisions of these terms and conditions:
(a) we,
together with our licensors, own and control all the copyright and other
intellectual property rights in our website and the material on our website;
and
(b) all
the copyright and other intellectual property rights in our website and the
material on our website are reserved.
3. Licence
to use website
3.1 You
may:
(a) view
pages from our website in a web browser;
(b) download
pages from our website for caching in a web browser;
(c) print
pages from our website;
(d) stream
audio and video files from our website; and
(e) use
our website services by means of a web browser,
subject
to the other provisions of these terms and conditions.
3.2 Except
as expressly permitted by Section 3.1 or the other provisions of these terms
and conditions, you must not download any material from our website or save any
such material to your computer.
3.3 You
may only use our website for [your own personal and business purposes], and you
must not use our website for any other purposes.
3.4 Except
as expressly permitted by these terms and conditions, you must not edit or
otherwise modify any material on our website.
3.5 Unless
you own or control the relevant rights in the material, you must not:
(a) republish
material from our website (including republication on another website);
(b) sell,
rent or sub-license material from our website;
(c) show
any material from our website in public;
(d) exploit
material from our website for a commercial purpose; or
(e) redistribute
material from our website.
3.6 Notwithstanding
Section 3.5, you may redistribute [our newsletter] in [print and electronic
form] to [any person].
3.7 We
reserve the right to restrict access to areas of our website, or indeed our
whole website, at our discretion; you must not circumvent or bypass, or attempt
to circumvent or bypass, any access restriction measures on our website.
4. Acceptable
use
4.1 You
must not:
(a) Use
our website in any way or take any action that causes, or may cause, damage to
the website or impairment of the performance, availability or accessibility of
the website;
(b) Use
our website in any way that is unlawful, illegal, fraudulent or harmful, or in
connection with any unlawful, illegal, fraudulent or harmful purpose or
activity;
(c) use
our website to copy, store, host, transmit, send, use, publish or distribute
any material which consists of (or is linked to) any spyware, computer virus,
Trojan horse, worm, keystroke logger, rootkit or other malicious computer
software;
(d) Conduct
any systematic or automated data collection activities (including without
limitation scraping, data mining, data extraction and data harvesting) on or in
relation to our website without our express written consent;
(e) Access
or otherwise interact with our website using any robot, spider or other
automated means;
(f) Violate
the directives set out in the robots.txt file for our website; or
(g) Use
data collected from our website for any direct marketing activity (including
without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You
must not use data collected from our website to contact individuals, companies
or other persons or entities.
4.3 You
must ensure that all the information you supply to us through our website, or
in relation to our website, is [true, accurate, current, complete and
non-misleading].
5. Registration
and accounts
5.1 To
be eligible for an individual account on our website under this Section 6, you
must [be at least 18 years of age and resident in the United Kingdom].
5.2 You
may register for an account with our website by [completing and submitting the
account registration form on our website and clicking on the verification link
in the email that the website will send to you].
5.3 You
must not allow any other person to use your account to access the website.
5.4 You
must notify us in writing immediately if you become aware of any unauthorised
use of your account.
5.5 You
must not use any other person's account to access the website [unless you have
that person's express permission to do so].
6. User
IDs and passwords
6.1 If
you register for an account with our website, [we will provide you with / you
will be asked to choose] a user ID and password.
6.2 Your
user ID must not be liable to mislead and must comply with the content rules
set out in Section 10; you must not use your account or user ID for or in
connection with the impersonation of any person.
6.3 You
must keep your password confidential.
6.4 You
must notify us in writing immediately if you become aware of any disclosure of
your password.
6.5 You
are responsible for any activity on our website arising out of any failure to
keep your password confidential, and may be held liable for any losses arising
out of such a failure.
7. Cancellation
and suspension of account
7.1 We
may:
(a) [suspend
your account;]
(b) [cancel
your account; and/or]
(c) [edit
your account details,]
at
any time in our sole discretion without notice or explanation.
7.2 You
may cancel your account on our website [using your account control panel on the
website].
8. Your
content: licence
8.1 In
these terms and conditions, "your content" means all works and
materials (including without limitation text, graphics, images, audio material,
video material, audio-visual material, scripts, software and files) that you
submit to us or our website for storage or publication on, processing by, or
transmission via, our website.
8.2 You
grant to us a [worldwide, irrevocable, non-exclusive, royalty-free licence] to
[use, reproduce, store, adapt, publish, translate and distribute your content
in any existing or future media / reproduce, store and publish your content on
and in relation to this website and any successor website / reproduce, store
and, with your specific consent, publish your content on and in relation to
this website].
8.3 You
grant to us the right to sub-license the rights licensed under Section 8.2.
8.4 You
grant to us the right to bring an action for infringement of the rights
licensed under Section 8.2.
8.5 You
hereby waive all your moral rights in your content to the maximum extent
permitted by applicable law; and you warrant and represent that all other moral
rights in your content have been waived to the maximum extent permitted by
applicable law.
8.6 You
may edit your content to the extent permitted using the editing functionality
made available on our website.
8.7 Without
prejudice to our other rights under these terms and conditions, if you breach
any provision of these terms and conditions in any way, or if we reasonably
suspect that you have breached these terms and conditions in any way, we may
delete, unpublish or edit any or all of your content.
9. Your
content: rules
9.1 You
warrant and represent that your content will comply with these terms and
conditions.
9.2 Your
content must not be illegal or unlawful, must not infringe any person's legal
rights, and must not be capable of giving rise to legal action against any
person (in each case in any jurisdiction and under any applicable law).
9.3 Your
content, and the use of your content by us in accordance with these terms and
conditions, must not:
(a) be
libellous or maliciously false;
(b) be
obscene or indecent;
(c) infringe
any copyright, moral right, database right, trade mark right, design right,
right in passing off, or other intellectual property right;
(d) infringe
any right of confidence, right of privacy or right under data protection
legislation;
(e) constitute
negligent advice or contain any negligent statement;
(f) constitute
an incitement to commit a crime[, instructions for the commission of a crime or
the promotion of criminal activity];
(g) be
in contempt of any court, or in breach of any court order;
(h) be
in breach of racial or religious hatred or discrimination legislation;
(i) be
blasphemous;
(j) be
in breach of official secrets legislation;
(k) be
in breach of any contractual obligation owed to any person;
(l) [depict
violence[ in an explicit, graphic or gratuitous manner];]
(m) [be
pornographic[, lewd, suggestive or sexually explicit];]
(n) [be
untrue, false, inaccurate or misleading;]
(o) [consist
of or contain any instructions, advice or other information which may be acted
upon and could, if acted upon, cause illness, injury or death, or any other
loss or damage;]
(p) [constitute
spam;]
(q) [be
offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social,
menacing, hateful, discriminatory or inflammatory; or]
(r) [cause
annoyance, inconvenience or needless anxiety to any person.]
10. Limited
warranties
10.1 We
do not warrant or represent:
(a) the
completeness or accuracy of the information published on our website;
(b) that
the material on the website is up to date; or
(c) that
the website or any service on the website will remain available.
10.2 We
reserve the right to discontinue or alter any or all of our website services,
and to stop publishing our website, at any time in our sole discretion without
notice or explanation; and save to the extent expressly provided otherwise in
these terms and conditions, you will not be entitled to any compensation or
other payment upon the discontinuance or alteration of any website services, or
if we stop publishing the website.
10.3 To
the maximum extent permitted by applicable law and subject to Section 11.1, we
exclude all representations and warranties relating to the subject matter of
these terms and conditions, our website and the use of our website.
11. Limitations
and exclusions of liability
11.1 Nothing
in a contract under these terms and conditions will:
(a) limit
or exclude any liability for death or personal injury resulting from
negligence;
(b) limit
or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit
any liabilities in any way that is not permitted under applicable law; or
(d) exclude
any liabilities that may not be excluded under applicable law.