These Terms of Service ("Terms") apply to the access to and use of the Service, and to any correspondence by e-mail between you and us. Please read these terms carefully before using our service. Using the service indicates that you accept these Terms regardless of whether or not you choose to become a Member. If you do not accept the Terms, do not use the Service.

This policy may change from time to time, when our Service change - please check back periodically. Certain provisions in the Terms may be superseded by expressly designated legal notices located on particular pages of us.

Basic Terms

You are responsible for your use of the Service, for any Content you post to the Service, and for any consequences thereof.

You may use the Service only if you can form a binding contract with us and are not a person barred from receiving Service by any applicable jurisdiction. If you are accepting these Terms and using the Service on behalf of a company, organisation or other legal entity, you represent and warrant that you are authorised to do so. You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

Privacy

Any information that you provide to us is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information.

As part of providing you the Service, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Service which you may not be able to opt-out from receiving.

Access to the Service

Access to Service may be suspended temporarily and without notice in the case of a system failure, maintenance or repair or for any reasons beyond our control.

We may, at our sole discretion, restrict your access to Service and/or refuse to correspond with you without prior notice where:

  • there is a regulatory or statutory change limiting our ability to provide access to Service;
  • there is any event beyond our reasonable control preventing us from providing access to Service (for example, and without limitation, technical difficulties, capacity problems and communications failures); or
  • we consider that you are abusing Service or are otherwise acting in breach of the Conditions.
  • we shall not be liable if, for any reason, Service is unavailable at any time or for any period.

The Service provided is always evolving and the form and nature of we provide them may change from time to time without prior notice to you. In addition, we may stop providing the Service or its features to you. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

Content on the Service

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Service and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk.

You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. We will not be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.

Your Rights

You have a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Us, in the manner permitted by these Terms.

You retain your rights to any Content you submit, post or display on or through the Service. You are responsible for placing any content you produce including, but not limited to graphics, photographic content, links to third party websites etc.

You are prohibited from posting or transmitting to or from us any material:

  • that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
  • for which you have not obtained all necessary licences and/or approvals;
  • which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, is otherwise unlawful or infringes the rights of any third party, in any country in the world; or
  • which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

We will co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of, or locate, anyone posting any material in breach of this clause.

Our Rights

All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain our exclusive property. The Service are protected by copyright, trademark, and other laws. Nothing in the Terms gives you a right to use the name or any related trademarks, logos, domain names, and other distinctive brand features.

Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Restrictions on Content and Use of the Service

Except as permitted through the Service or these Terms, you have to use the provided API if you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Content or Service.

You may not do any of the following while accessing or using the Service:

  • access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
  • probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  • forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or
  • interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.

Ending These Terms

The Terms will continue to apply until terminated by either you or us as follows.

You may end your legal agreement with us at any time for any reason by deactivating your accounts and discontinuing your use of the Service. You do not need to specifically inform us when you stop using the Service. If you stop using the Service without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity.

We may suspend or terminate your accounts or cease providing you with all or part of the Service at any time for any reason, including, but not limited to, if we reasonably believe:

  • you have violated these Terms,
  • you create risk or possible legal exposure for us; or
  • our provision of the Service to you is no longer commercially viable.

We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.

Disclaimers

The extent permitted by law we hereby exclude:


all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
any liability for any direct, indirect or consequential loss or damage incurred by any person in connection with Us or in connection with the use, inability to use, or results of the use of Service, any websites linked to it and any materials posted on it, including, without limitation any liability for:

  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time; and
  • for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

The Service is Available "AS-IS".

Your access to and use of the Service or any Content are at your own risk. You understand and agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We make no warranty and disclaim all responsibility and liability for:

  • the completeness, accuracy, availability, timeliness, security or reliability of the Service or any Content;
  • any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service or any Content;
  • the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service; and
  • whether the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained through the Service, will create any warranty not expressly made herein.

The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for:

  • the availability or accuracy of such websites or resources; or
  • the content, products, or Service on or available from such websites or resources.

You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

General Terms

You warrant that it is legal for you to view Service in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing or using its contents.

A failure or delay in enforcing compliance with one or more provisions of these Terms shall not constitute a waiver of any other provision of these Terms.

No provision of the Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.

If any provisions of the Terms shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

The Terms constitute the entire agreement between ourselves as to your use of Service and shall supersede any prior agreement or representation in respect thereof.

Any and all notices to be given by either one of us to the other pursuant to or in connection with the Terms shall be deemed sufficiently given when forwarded by e-mail or facsimile transmission in each case addressed to you at any e-mail address or facsimile number you have given us or to us at the e-mail address or facsimile number displayed at the start of these General Conditions.

The Terms are governed by the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the English courts.