1.1. This Site is owned and operated by Artifax Software Limited, a company incorporated in England and Wales (company number 02007321), whose registered office is at 5th Floor, 167-169 Great Portland Street, London, W1W 5PF, United Kingdom (“Artifax”). If you would like to contact us or complain about anything contained on the Site, our contact details are shown at https://artifax.com/contact-us.
2. Accessing and using the Site
2.1. You may not use the Site in any improper or unlawful manner or in breach of any legislation or licence that applies to you.
2.2. Without limiting to the foregoing, you agree that when using the Site you will not:
a) intimidate or harass others or disclose personal information about others that could amount to harassment or intimidation;
b) publish, post, upload, transmit, share, store, distribute, disseminate or otherwise make available any content that we deem to be unlawful, defamatory, infringing, obscene, sexually explicit, harmful, fraudulent, confidential, libellous, hateful, discriminatory, threatening or otherwise illegal material or information or anything which might constitute a criminal or civil offence or promote violence;
c) upload files that contain software or other material which are the Intellectual Property Rights of any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents;
d) upload, post, transmit, share or otherwise make available any material that contains viruses, corrupted files, or any other computer code, files, software or programs that may interfere with, damage, interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment;
e) solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
f) create a false identity on the Site or impersonate others;
g) post content which promotes a product or service;
h) promote any activity that is illegal; or
i) use software to harvest information from the Site.
2.3. You agree to comply with all reasonable instructions that we may give you from time to time regarding the use of the Site.
2.4. You are responsible for obtaining (at your own cost) all necessary equipment and telecommunications services required to access and use the Site. You are responsible for ensuring that no one uses your equipment to access the Site without your permission. We will be entitled to assume that anyone who accesses the Site using your equipment has your permission to do so and you will be liable for any charges or any other costs, liabilities or damages that may be incurred by any such person.
3. User Generated Content
3.1. Whilst we encourage you to contribute whatever material you wish to the Site you may only use the Site in accordance with clause 1 and:
a) You must not submit any confidential, defamatory, offensive, infringing, obscene, indecent or otherwise unlawful or objectionable material or information nor use the Site for any chain letters, junk mail, ‘spamming’ material or any other form of solicitation or bulk communication;
b) You must not submit any content or material the Intellectual Property Rights in which are owned by any third party;
c) You must not submit any material which is prohibited by the Data Protection Act 1998, the General Data Protection Regulation, or any other applicable data protection or privacy legislation;
d) You may only upload or submit material to the Site which either you own or which you have the permission of the owner of that material to submit;
e) Upload, post, transmit, share, store or otherwise make available content that, in our sole judgement, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose us or other users of the Site to any harm or liability of any type.
3.4. You are responsible for your relationship with other members of the public using the Site. However, we reserve the right, but are not obliged, to monitor disputes between you and other members of the public.
3.6. You warrant and undertake that you own the Intellectual Property Rights in and to all User Generated Content that you submit to the Site or that you are otherwise entitled to submit the same to this Site.
4. Intellectual property
4.3. Notwithstanding the above, you hereby grant to us a licence to publicly perform, copy, reproduce, display, communicate to the public, modify, manage, distribute and store any of your User Generated Content as part of the Site or as part of any materials used to promote or advertise the Site anywhere in the world. You are free to use your User Generated Content outside of the Site in any way you choose and in turn we shall not distribute or sell any of your User Generated Content other than in connection with the Site. However, the licence you grant to us is royalty free and we will not be under any obligation to pay you for any of the User Generated Content on the Site.
4.4. Save in respect of the User Generated Content, all Intellectual Property Rights in and to the Site and all content and materials contained therein are owned by and shall remain owned by us or our licensors.
You may view, download and print any materials and information made available to you through the Site subject to the following conditions:
a) the material and information may only be used for your personal and non-commercial purposes;
b) the material and information shall not be reproduced or included in any other work or publication in any medium;
c) the material and information may not be modified or altered in any way;
d) the material and information may not be distributed or sold to any third party;
e) you may not remove any copyright or other proprietary notices contained in the material or the information.
4.6. Please contact [email protected] if you believe that content displayed on the Site has violated your copyright or other Intellectual Property Rights.
5. Links to and from other websites
This Site contains links to websites and microsites operated by third parties that are not under our control and are provided to you for your convenience only. We make no warranties or representations whatsoever about any other website which you may access through this Site or any services that they may provide. Without limiting the foregoing, these sites are in no way approved, vetted, checked or endorsed by us and you agree that we shall not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such sites. If you choose to access a website beyond our control, you do so at your own risk. In addition, use of any such third-party website or microsite may be subject to your acceptance of additional terms and conditions.
6.1. Subject to any other applicable terms and conditions, we may remove the Site or cease the provision of any of the services available through the Site at any time in our sole discretion for any reason whatsoever.
breach(es), without prejudice to our other rights and remedies we shall be entitled to terminate your use of and access to the Site immediately without notice.
7.1. While we endeavour to ensure that the information on the Site is correct, we do not warrant the accuracy and completeness of the material on the Site. Commentary and information is not intended to amount to advice and you should not rely on it without seeking independent advice for your circumstances. We may make changes to the material on the Site, or to the products and prices described in it, at any time without notice. The material on the Site may be out of date, and we make no commitment to update such material.
7.2. We will exercise all reasonable skill and care in providing the Site. Some materials and information on the Site are provided by third parties and therefore we are not able to guarantee the accuracy, completeness, currency or reliability of any such materials or information.
a) death or personal injury caused by negligence; or
b) any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you; or
c) any liability which cannot be excluded or limited under applicable law.
8.2. Subject to clause 9.1, you agree that we shall not be liable for:
(a) any direct loss, claim or damage;
(b) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind; or
(c) any loss of profit or loss of savings or loss or corruption of data (in each case whether direct or indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this Site or its contents including any User Generated Content on the Site; (ii) any failure or delay in the use of any component of the Site or any service including, without limitation, any unavailability of the Site or the services irrespective of the duration of any period of unavailability; or (iii) any use of or reliance upon any information, material, software, products, services and related graphics obtained through the Site, in all cases even if we have been forewarned of the possibility of such loss or damage.
8.3. Without limiting the effect of clause 9.2, due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect your computer equipment or any other property when using or browsing the Site. The downloading or other acquisition of any materials or information through the Site is done at your own discretion and
risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such materials.
8.4. We will notify you of any such claims or proceedings and keep you informed as to the progress of such claims or proceedings.
10. Data protection and privacy
11.5. This Agreement is governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.