This page (together with the documents referred to on it)
tells you the terms on which you may use and access our website
www.gravitate.co.uk (Site), whether as a guest
or a registered user. Please read these terms of use and acceptable use policy (Terms)
carefully before you start to use the Site. By using our Site, you indicate that you
accept these Terms and that you agree to abide by them. If you do not agree to these
Terms, please refrain from using our Site.
- INFORMATION ABOUT US
- Our Site is a site
operated by Gravitate Digital Limited (“We”). We are registered in England
and Wales under company number 10041767 and have our registered office at 52
Forder Way, Hampton, Peterborough PE7 8JB.
- We are a limited
company.
- ACCESSING OUR SITE
- Access to our Site is
permitted on a temporary basis, and We reserve the right to withdraw or
amend the service We provide on our Site without notice (see below). We will
not be liable if for any reason our Site is unavailable at any time or for
any period.
- From time to time, We
may restrict access to some parts of our Site, or our entire Site, to users
who have registered with us.
- If you choose, or you
are provided with, a user identification code, password or any other piece
of information as part of our security procedures, you must treat such
information as confidential, and you must not disclose it to any third
party. We have the right to disable any user identification code or
password, whether chosen by you or allocated by us, at any time, if in our
opinion you have failed to comply with any of the provisions of these
Terms.
- When using our Site,
you must comply with the provisions set out in these Terms.
- You are responsible
for making all arrangements necessary for you to have access to our Site.
You are also responsible for ensuring that all persons who access our Site
through your internet connection are aware of these Terms, and that they
comply with them.
- These Terms apply to
all users and visitors of our Site.
- INTELLECTUAL PROPERTY
RIGHTS
- We are the owner or
the licensee of all intellectual property rights in our Site, and in the
material published on it. Those works are protected by copyright laws and
treaties around the world. All such rights are reserved.
- You may print off one
copy, and may download extracts, of any page(s) from our Site for your
personal reference and you may draw the attention of others within your
organisation to material posted on our Site.
- You must not modify
the paper or digital copies of any materials you have printed off or
downloaded in any way, and you must not use any illustrations, photographs,
video or audio sequences or any graphics separately from any accompanying
text.
- Our status (and that
of any identified contributors) as the authors of material on our Site must
always be acknowledged.
- You must not use any
part of the materials on our Site for commercial purposes without obtaining
a licence to do so from us or our licensors.
- If you print off, copy
or download any part of our Site in breach of these terms of use, your right
to use our Site will cease immediately and you must, at our option, return
or destroy any copies of the materials you have made.
- Reliance on information
posted
- Commentary and other materials
posted on our Site are not intended to amount to advice on which reliance should be
placed. We therefore disclaim all liability and responsibility arising from any
reliance placed on such materials by any visitor to our Site, or by anyone who may
be informed of any of its contents.
- Our site changes
regularly
- We aim to update our Site
regularly, and may change the content at any time. If the need arises, We may
suspend access to our Site, or close it indefinitely. Any of the material on our
Site may be out of date at any given time, and We are under no obligation to update
such material.
- OUR LIABILITY
- The material displayed
on our Site is provided without any guarantees, conditions or warranties as
to its accuracy. To the extent permitted by law, We, other members of our
group of companies and third parties connected to us hereby expressly
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 user in connection with our Site or in connection with the use,
inability to use, or results of the use of our site, 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, provided that
this condition shall not prevent claims for loss of or
damage to your tangible property or any other claims for
direct financial loss that are not excluded by any of the
categories set out above.
- This does not affect
our liability for death or personal injury arising from our negligence, nor
our liability for fraudulent misrepresentation or misrepresentation as to a
fundamental matter, nor any other liability which cannot be excluded or
limited under applicable law.
- INFORMATION ABOUT YOU AND YOUR
VISITS TO OUR SITE
- We process information about
you in accordance with our privacy
policy. By using our Site, you consent
to such processing and you warrant that all data provided by you is accurate.
- UPLOADING MATERIAL TO OUR
SITE
- Whenever you make use
of a feature that allows you to upload material to our Site, or to make
contact with other users of our Site, you must comply with the content
standards set out in clauses 13 to 17 of these Terms. You warrant that any
such contribution does comply with those standards, and you indemnify us for
any breach of that warranty.
- Any material you
upload to our Site will be considered non-confidential and non-proprietary,
and We have the right to use, copy, distribute and disclose to third parties
any such material for any purpose. We also have the right to disclose your
identity to any third party who is claiming that any material posted or
uploaded by you to our Site constitutes a violation of their intellectual
property rights, or of their right to privacy.
- We will not be
responsible, or liable to any third party, for the content or accuracy of
any materials posted by you or any other user of our Site.
- We have the right to
remove any material or posting you make on our Site if, in our opinion, such
material does not comply with the content standards set out in clauses 13 to
17 of these Terms.
- VIRUSES, HACKING AND OTHER
OFFENCES
- You must not misuse
our Site by knowingly introducing viruses, trojans, worms, logic bombs or
other material which is malicious or technologically harmful. You must not
attempt to gain unauthorised access to our Site, the server on which our
Site is stored or any server, computer or database connected to our Site.
You must not attack our Site via a denial-of-service attack or a distributed
denial-of service attack.
- By breaching this
provision, you would commit a criminal offence under the Computer Misuse Act
1990. We will report any such breach to the relevant law enforcement
authorities and We will co-operate with those authorities by disclosing your
identity to them. In the event of such a breach, your right to use our Site
will cease immediately.
- We will not be liable
for any loss or damage caused by a distributed denial-of-service attack,
viruses or other technologically harmful material that may infect your
computer equipment, computer programs, data or other proprietary material
due to your use of our Site or to your downloading of any material posted on
it, or on any website linked to it.
- LINKING TO OUR SITE
- You may link to our
home page, provided you do so in a way that is fair and legal and does not
damage our reputation or take advantage of it, but you must not establish a
link in such a way as to suggest any form of association, approval or
endorsement on our part where none exists.
- You must not establish
a link from any website that is not owned by you.
- Our Site must not be
framed on any other site, nor may you create a link to any part of our Site
other than the home page. We reserve the right to withdraw linking
permission without notice. The website from which you are linking must
comply in all respects with the content standards set out in clauses 13 to
17 of these Terms.
- If you wish to make
any use of material on our Site other than that set out above, please
address your request to Gravitate Digital Limited, 52 Forder Way,
Peterborough, Hampton PE7 8JB email:
hello@gravitate.co.uk.
- LINKS FROM OUR SITE
- Where our Site contains links
to other sites and resources provided by third parties, these links are provided for
your information only. We have no control over the contents of those sites or
resources, and accept no responsibility for them or for any loss or damage that may
arise from your use of them.
- VARIATIONS
- We may revise these Terms at
any time by amending this page. You are expected to check this page from time to
time to take notice of any changes We made, as they are binding on you. Some of the
provisions contained in these Terms may also be superseded by provisions or notices
published elsewhere on our Site.
- PROHIBITED USES
- You may use our Site
only for lawful purposes. You may not use our Site:
- in any way
that breaches any applicable local, national or international law or
regulation;
- in any way
that is unlawful or fraudulent, or has any unlawful or fraudulent
purpose or effect;
- for the
purpose of harming or attempting to harm minors in any way;
- to send,
knowingly receive, upload, download, use or re-use any material
which does not comply with our content standards set out in clause
15;
- to transmit,
or procure the sending of, any unsolicited or unauthorised
advertising or promotional material or any other form of similar
solicitation (spam);
- to knowingly
transmit any data, send or upload any material that contains
viruses, Trojan horses, worms, time-bombs, keystroke loggers,
spyware, adware or any other harmful programs or similar computer
code designed to adversely affect the operation of any computer
software or hardware.
- You also agree:
- not to
reproduce, duplicate, copy or re-sell any part of our Site in
contravention of the provisions of these Terms;
- not to access
without authority, interfere with, damage or disrupt:
- any
part of our Site;
- any
equipment or network on which our Site is stored;
- any
software used in the provision of our Site; or
- any
equipment or network or software owned or used by any third
party.
- INTERACTIVE SERVICES
- We may from time to
time provide interactive services on our Site, including, without
limitation:
- 14.1.1 chat
rooms; and
- bulletin
boards (Interactive Services).
- Where We do provide
any Interactive Service, We will provide clear information to you about the
kind of service offered, if it is moderated and what form of moderation is
used (including whether it is human or technical).
- We will do our best to
assess any possible risks for users (and in particular, for children) from
third parties when they use any Interactive Service provided on our Site,
and We will decide in each case whether it is appropriate to use moderation
of the relevant service (including what kind of moderation to use) in the
light of those risks. However, We are under no obligation to oversee,
monitor or moderate any Interactive Service We provide on our Site, and We
expressly exclude our liability for any loss or damage arising from the use
of any Interactive Service by a user in contravention of our content
standards, whether the service is moderated or not.
- The use of any of our
Interactive Services by a minor is subject to the consent of their parent or
guardian. We advise parents who permit their children to use an interactive
service that it is important that they communicate with their children about
their safety online, as moderation is not foolproof. Minors who are using
any interactive service should be made aware of the potential risks to
them.
- Where We do moderate
an Interactive Service, We will normally provide you with a means of
contacting the moderator, should a concern or difficulty arise.
- CONTENT STANDARDS
- These standards apply
to any and all material which you contribute to our Site (Contributions),
and to any Interactive Services associated with it.
- You must comply with
the spirit of the following standards as well as the letter. The standards
apply to each part of any Contribution as well as to its whole.
- Contributions
must:
- be accurate
(where they state facts);
- be genuinely
held (where they state opinions); and
- comply with
applicable law in the UK and in any country from which they are
posted.
- Contributions must
not:
- contain any
material which is defamatory of any person;
- contain any
material which is obscene, offensive, hateful or
inflammatory;
- promote
sexually explicit material;
- promote
violence;
- promote
discrimination based on race, sex, religion, nationality,
disability, sexual orientation or age;
- infringe any
copyright, database right or trade mark of any other person;
- be likely to
deceive any person;
- be made in
breach of any legal duty owed to a third party, such as a
contractual duty or a duty of confidence;
- promote any
illegal activity;
- be
threatening, abuse or invade another’s privacy, or cause annoyance,
inconvenience or needless anxiety;
- be likely to
harass, upset, embarrass, alarm or annoy any other person;
- be used to
impersonate any person, or to misrepresent your identity or
affiliation with any person;
- give the
impression that they emanate from us, if this is not the case;
or
- advocate,
promote or assist any unlawful act such as (by way of example only)
copyright infringement or computer misuse.
- SUSPENSION AND
TERMINATION
- We will determine, in
our discretion, whether there has been a breach of these through your use of
our Site. When a breach of these Terms has occurred, We may take such action
as We deem appropriate.
- Failure to comply with
these Terms may result in our taking all or any of the following
actions:
- immediate,
temporary or permanent withdrawal of your right to use our
Site;
- immediate,
temporary or permanent removal of any posting or material uploaded
by you to our Site;
- issue of a
warning to you;
- legal
proceedings against you for reimbursement of all costs on an
indemnity basis (including, but not limited to, reasonable
administrative and legal costs) resulting from the breach;
- further legal
action against you;
- disclosure of
such information to law enforcement authorities as We reasonably
feel is necessary.
- We exclude liability
for actions taken in response to breaches of clauses 13 to 16 (inclusive).
The responses described in this clause 16 are not limited, and We may take
any other action We reasonably deem appropriate.
- YOUR CONCERNS
- If you have any concerns about
material which appears on our Site, please contact Gravitate Digital Limited, 52
Forder Way, Peterborough, Hampton PE7 8JB
email:hello@gravitate.co.uk.
- JURISDICTION AND APPLICABLE
LAW
- The English courts
will have exclusive jurisdiction over any claim arising from, or related to,
a visit to our Site although We retain the right to bring proceedings
against you for breach of these conditions in your country of residence or
any other relevant country.
- These terms of use and
any dispute or claim arising out of or in connection with them or their
subject matter or formation (including non-contractual disputes or claims)
shall be governed by and construed in accordance with the law of England and
Wales.