Terms & Disclaimer

1. Introduction

• 1.1 These terms of use shall govern your use of our website.
• 1.2 By using our website, you accept these terms of use in full; accordingly, if you disagree with these terms of use or any part of these terms of use, you must not use our website.
• 1.3 If you submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms of use.
• 1.4 Our website uses cookies; by using our website or agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

2. Copyright notice

• 2.1 Copyright © 2008 – Metabound Web Development Services Ltd.
• 2.2 Subject to the express provisions of these terms of use:
  • (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.
• 2.3 For further information see Copyright Notice.

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) use our website services by means of a web browser,
• subject to the other provisions of these terms of use.
• 3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms of use, 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 of use, 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 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[, except for the purpose of search engine indexing;
  • (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. Your content: licence

• 5.1 In these terms of use, “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  for storage or publication on, processing by, or transmission via, our website.
• 5.2 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 OR reproduce, store and publish your content on and in relation to this website and any successor website OR reproduce, store and, with your specific consent, publish your content on and in relation to this website.
• 5.3 You grant to us the right to sub-license the rights licensed under Section 5.2.
• 5.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 5.2.
• 5.5 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.
• 5.6 Without prejudice to our other rights under these terms of use, if you breach any provision of these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may unpublish any or all of your content.

6. Limited warranties

• 6.1 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.
• 6.2 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 of use, 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.
• 6.3 To the maximum extent permitted by applicable law and subject to Section 7.1, we exclude all representations and warranties relating to the subject matter of these terms of use, our website and the use of our website.

7. Limitations and exclusions of liability

• 7.1 Nothing in these terms of use 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.
• 7.2 The limitations and exclusions of liability set out in these terms of use:
  • (a) are subject to Section 11.1; and
  • (b) govern all liabilities arising under these terms of use or relating to the subject matter of these terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms of use.
• 7.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
• 7.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
• 7.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
• 7.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
• 7.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
• 7.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms of use (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

8. Breaches of these terms of use

• 8.1 Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:
  • (a) send you one or more formal warnings;
  • (b) temporarily suspend your access to our website;
  • (c) permanently prohibit you from accessing our website;
  • (d) block computers using your IP address from accessing our website;
  • (e) contact any or all of your internet service providers and request that they block your access to our website;
  • (f) commence legal action against you, whether for breach of contract or otherwise; and/or
• 8.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking.

9. Variation

• 9.1 We may revise these terms of use from time to time.
• 9.2 The revised terms of use shall apply to the use of our website from the date of publication of the revised terms of use on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms of use. OR we will give you written notice of any revision of these terms of use, and the revised terms of use will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms of use, you must stop using our website.

10. Assignment

• 10.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use.
• 10.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms of use.

11. Severability

• 11.1 If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
• 11.2 If any unlawful and/or unenforceable provision of these terms of use would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

12. Third party rights

• 12.1 A contract under these terms of use is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
• 12.2 The exercise of the parties’ rights under a contract under these terms of use is not subject to the consent of any third party.

13. Entire agreement

• 13.1 These terms of use, together with our privacy and cookies policies, copyright and disclaimer, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

14. Law and jurisdiction

• 14.1 These terms of use shall be governed by and construed in accordance with law.
• 14.2 Any disputes relating to these terms of use shall be subject to the exclusive OR non-exclusive jurisdiction of the courts of England.