Freshwords Limited - Site Terms & Conditions
This document and the attachments referred to below constitute a legally binding agreement between you and Freshwords Limited ("Freshwords Limited", "we" or "us") which operates the Internet website with the domain name http://www.freshwords.co.uk (the "Site" which expression shall include Updates by Email). It sets out your rights and obligations and those of Freshwords Limited in relation to (i) your access to the Site; (ii) your use of the Site; (iii) any communications sent to you via the Site, or from or on behalf of Freshwords Limited; (iv) all information, products, software, services, features and materials contained on or offered in conjunction with the Site. By accessing the Site you accept without limitation or qualification all of the terms and conditions in this Agreement (as defined below) and any subsequent amendments or variations that we, in our sole discretion, may make from time to time. "Agreement" means this document and any schedule, appendix or other document referred to in this document, by way of illustration only, using a hyperlink.
We may, at our discretion, vary or amend from time to time this Agreement. All such amendments or variations will be effective immediately upon posting of such amended or varied document on the Site or once such amendment or variation is otherwise notified to you. The amendment or variation shall apply to your use of the site and to any services offered to you upon such posting or notification. Except as provided for in the preceding paragraph this Agreement may otherwise not be amended or varied except in writing signed by both parties.
Anyone who accesses the Site is a user (a "user"). Users are free to contact us using the email address shown on the Site or via the Publication Registration form. As a user, you will be able to access material on all areas of the Site.
Online submission by you of the Publication Registration form or other communication to us confirms your agreement to the provisions of this Agreement. Users should also read and understand our Privacy Policy that forms part of this Agreement and governs the way we will use any information that is submitted to us.
By submitting a Publication Registration form or by emailing or communicating with us you warrant that all the information submitted to us ("user Information") is true and accurate in all respects and you have the authority and capacity to complete the form, send the email or communicate with us. You agree to notify us immediately in writing of any changes in user Information. You are solely responsible for the user Information. If you provide us with an email address that will result in any emails we may send you being sent to you via a computer network operated by or on behalf of your employer (or similar) then you are warranting that you are entitled to receive emails at that address. You also agree that we may refrain from sending you any emails to such address without notifying you, even if you have asked to receive them, if we receive a request from your employer to stop sending emails to that address. 3.4 System Integrity
You undertake to us that you will not use or permit the use of use any device, software or programming routine that interferes or attempts to interfere with the working and functionality of the Site. You undertake not to take or permit the taking of any action that (in our sole discretion) imposes an unreasonable or disproportionately large load on our infrastructure.
The Site may include facts, views, opinions and recommendations of individuals and organisations. We do not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, these views, opinions or recommendations. Whilst Freshwords Limited has taken reasonable steps to ensure that the information on this site is accurate when first made available, the information may be superseded by events or cease to be accurate subsequently. No obligation to update the information is accepted and Freshwords accepts no liability for the accuracy or completeness or use of the information contained on this site. The information should not be construed as the giving of advice or the making of a recommendation and should not be relied on as a basis for any decision or action. The content on the Site, including any research, does not constitute any form of advice, recommendation or arrangement by us and is not intended to be relied upon by users. We, in our sole discretion, may add, delete or change some or the entire Site at any time. The content contained in the Site is presented for informative purposes only. The content should not be considered complete nor should it be relied upon.
You acknowledge and agree that the materials used and displayed on the Site including but not limited to text, music, software, sound, photographs, graphics, video, page layout and design, illustration and artwork, names, logos, trademarks, service marks and all other materials are the property of Freshwords Limited and/or its licensors, and are protected by copyright trademark and other laws. You agree not to modify, copy, reproduce, re-publish, upload, post, transmit, rent, loan, sell, lease, license, sub-license or distribute any material on the Site or create in any way content and/or derivative works based on the content of the Site or the Site itself or services provided by, or on behalf of Freshwords Limited in whole or in part without our prior written consent.
Your use of the content received through the subscribed email information service will be subject to these Terms.
Third parties or we may provide links to other web sites or resources. These links are provided solely as a convenience to you and are not an endorsement by us of the contents of such third party web sites. We have no control over such sites and resources and you acknowledge and agree that we are not responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable for any content, advertising, product, services or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance of any such content, goods or services on or available through any such site or resource. If you decide to access linked third party web sites you do so at your own risk. Any concerns regarding any external links should be directed to its respective site administrator or web master.
You are asked to read our Privacy Policy, which forms a part of this Agreement and sets out the way in which we handle your personal data.
We reserve the right to terminate this Agreement forthwith if you are or appear to be in breach of any of the provisions of this Agreement, including the provision of false registration details or other misuse of the services offered through this Site. Either party may terminate this Agreement with or without cause by providing 30 days' advance written notice to the other.
You agree to pay, indemnify, and hold Freshwords Limited (and its directors, officers, employees and agents) harmless from any and all liabilities, obligations, losses, damages, penalties, actions, judgements, suits, costs, expenses or disbursements of any kind or nature whatsoever with respect to:
- Any third party claim, action or allegation of infringement, misappropriation, or violation of copyright, trademark or other proprietary rights of any third party based on any content (including but not limited to your Postings) submitted by you;
- any breach of this Agreement by you;
- any third party claim action or allegation brought against Freshwords Limited arising out of or in relation to a dispute between users or in relation to your use or misuse of the Site; and/or
- any action taken by Freshwords Limited under your instructions in relation to the use of the Site.
Your use of the Site and any services offered on or in connection with your use of the Site is at your sole risk. Services provided with the Site are provided on an "as is" and "as available" basis. We to the fullest extent permitted by law disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. We make no warranties about the accuracy reliability, completeness or accuracy, of the material, services, software, text, graphics, and links. We make no warranty that:
- the service will meet your requirements;
- the service will be uninterrupted, timely, secure or error free; or
- the quality of any services information or other material obtained by you through your use of the Site will meet your expectations.
If your use of the Site will require your replacing equipment or data you will be responsible for the costs of such replacement. Your use of the Site and services offered in connection with the Site is at your own risk. If you are dissatisfied with any part of the Site offered through the Site or with this Agreement or any other rules or policies your sole remedy is to discontinue use of the Site.
You expressly understand and agree that we shall not be liable for any direct (other than for death or personal injury arising directly from use of the Site), indirect, incidental, special, consequential or exemplary damages including but not limited to, loss of profits, goodwill, use, data or intangible losses (even if we have been advised of the possibility of such damages) resulting from:
- the use or the inability to use the Site or any service provided in connection with the Site;
- the cost of procurement of substitute and services resulting from any, data, information, services purchased or obtained and messages received and transactions entered into through or from the Site;
- unauthorised access to or alteration of your transmissions or data;
- statements or conduct of any user or third party in relation to the Site; or
- any other matter relating to the Site or service provided in connection with the Site.
In no event will our liability arising out of or in respect of this Agreement exceed £500. Some jurisdictions do not allow the exclusion of certain warranties with a limitation or exclusion of liability for incidental or consequential damages. Accordingly some of the above limitations of this section 8.4 may not apply to you.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between Freshwords Limited and you or any user is intended or created by this Agreement.
You may not assign your rights or delegate (or sub-contract) your duties under this Agreement.
Freshwords Limited may suspend or discontinue the Site with or without cause and with or without notice.
Freshwords Limited shall not be liable for any failure to perform its obligations under this Agreement if such failure results from any act of God or other cause beyond its reasonable control (including without limitation, any mechanical, electronic or communications failure).
This Agreement (as amended from time to time) comprises the entire agreement between you and Freshwords Limited and governs the use of the Site and any services provided to you in connection with the Site. It replaces and voids any prior agreement between you and Freshwords Limited, whether written or verbal, in relation to the Site or any services provided to you in relation to the Site. You may also be subject to additional terms and conditions when you use affiliate or other Freshwords Limited services, third-party content or third-party software. We make no claims that the Site is appropriate for any particular purpose or audience, or that it may be downloaded outside of the United Kingdom. Access to the Site or use of the Site may not be legal by certain persons in certain countries.
Each provision of this Agreement excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
All legal issues arising from or related to the use of the Site or any services provided in relation to the Site shall be construed in accordance with and determined by the laws of England and you hereby agree to submit to the exclusive jurisdiction of the English Courts.