Website Terms of Use
(1) Introduction...These terms of use govern your use of our website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.
If you sign-up with our website, we will ask you to expressly agree to these terms of use.
(2) Licence to use website...Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material on the website; or
(f) redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).
Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
(3) Acceptable use...You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not 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.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, hot-linking deep-linking, framing, widget creation, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications. No advertising, trading of goods or services, or other commercial use is allowed except in classified ad forums. No bulk e-mail, junk mail or spam, chain letters, or repeat postings of the same message is permitted anywhere.
You may not attempt to gain access to any account, computers or networks related to the website without authorisation.
You must not use our website for any purposes related to marketing without our express written consent.
Please avoid shouting (using all capital letters) in any postings that you make on the website. This includes but is not exclusive to Classified Ads, Member Profiles, Blogs and any Forums that may exist.
(3)(a) Registration Obligations...When signing-up with www.MikeCattermole.com you agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the Member Application form (such information being the "Member Data") and
(b) maintain and promptly update the Member Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the website (or any portion thereof), without recourse to refund, compensation or indemnity of any nature.
(3)(b) Children... We do not intend to collect any personally identifiable information from children under thirteen years old. We run periodic checks across our database for this and will take appropriate action (suspend or terminate or notify without any obligation, liability or refund to you) at that point. If a child provides us with personally identifiable information, his or her parents/guardians should contact us using the Contact Us form and request that this information be deleted from our files. We will make reasonable efforts to remove this data in a timely manner. If you are between 13 and 18, you may use the website only with the involvement of a parent or guardian. This website does not sell products for purchase by children under 13.
(3)(c) Consent to Communications from us by Phone, SMS, E-mail or Post...By signing up with www.MikeCattermole.com, you understand that we may send you communications or data from www.MikeCattermole.com regarding the website including but not limited to:
(i) notices about your use of the website, including any notices concerning violations of use,
(ii) updates, and
(iii) promotional information and materials regarding www.MikeCattermole.com products and services or those of carefully selected 3rd parties.
Whilst completing the Members' Enclosure Application form for the website, we provide you with an "opt in" or "out" selection box (Yes or No) for e-mails. At all times after becoming a member, you can change this setting by logging in, going to the "Your Account" button and then following the instruction to changing your account. On the change user account form, re-set the e-mail box. On this form you can also indicate your preferences for SMS, Post or Phone or 3rd party marketing messsages by setting the values in the "Job title" field to Y (yes) or N (no). We also give you the opportunity to opt-out of any of the above five forms of communication by contacting us directly or by replying to any message with the word "opt-out" in the Subject Line of your e-mail.
(4) Restricted access...Access to certain areas of our website is restricted. We reserve the right to restrict or open up access to other areas of our website, or indeed our whole website, at our discretion.
If we provide you with a login name and password to enable you to access restricted areas of our website or other content or services, you must ensure that your login password is kept confidential.
Members accessing this site from a public computer should always remember not to tick the "Remember my ID on this computer" tick box when sigining in. At all times, remember to always click the "Log out" link in the top navigational panel to sign out of the website and close your session by closing the window. This is the safest and securest way of logging out.
Do not share your login name and password and do not authorise any third party to access or use the website on your behalf. Our system is designed to detect this immediately, and suspend any account where more than one person signs on using the same username and password.
You agree to immediately notify www.MikeCattermole.com of any unauthorised use of your login name or password or any other breach of security. www.MikeCattermole.com cannot and will not be liable for any loss or damage arising from any authorised or unauthorised use of your account.
You accept that we may disable, amend or re-assign your login name and password at our sole discretion without notice or explanation.
(5) User generated content...In these terms of use, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
Your user content (and its publication on our website) must not:
(a) be libellous, defamatory or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy, or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, threatening, abusive, harassing, bullying, or menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
Your user content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.
You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
(6) Limited warranties...You acknowledge that some of the information published on this website is submitted by users, and that we do not usually review, approve or edit such information. We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
(7) Limitations and exclusions of liability...Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
This website provides the information, services and products on the website "as is" without warranties of any kind.
To the extent that the website and the information and services on the website are provided free-of-charge or through paid subscription for membership, we will not be liable for any loss or damage of any nature.
You also accept that, whilst the site is free-of-chrage, we reserve the right to introduce paid membership at any point in the future and therefore we are within our right to expire your membership at any point before its actual planned expiry date.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
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.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
This website does not warrant that the use or performance of this website will be timely, uninterrupted or free of error, or that this website or its server will be free of viruses.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
We will take all reasonable endeavours to keep your details safe and secure. We cannot accept any liability for those who intentionally attempt to and/or gain unauthorised access to the same by means such as, without limitation, computer hacking (save to the extent that we are unable to exclude such liability by law).
Where we need to undertake essential maintenance of the site, causing it to be temporarily suspended or taken down, we will always endeavour to have it up and running again in an expeditious manner. However, you accept that we are not liable for loss or damage of any nature in the interim.
You hereby recognise that you are responsible for all costs incurred by you to access the site, including but not exclusive to broadband charges and telephone costs.
You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual 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 company itself for the acts and omissions of our officers and employees.
You agree to the publication of comments, reviews and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.
The limitations and exclusions of liability above will apply whether or not the liability in question arises out of any reckless, deliberate, personal and/or repudiatory conduct or breach of contract.
(8) Indemnity...You hereby indemnify Mike Cattermole.com and Mike Cattermole Ltd, its affiliates and their respective officers, directors, employees, agents, licensors, representatives, and third party providers and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.
(9) Breaches of these terms of use...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 the website;
(c) permanently prohibit you from accessing the website;
(d) block computers using your IP address from accessing the website;
(e) contact your internet services provider and request that they block your access to the website;
(f) bring court proceedings against you for breach of contract or otherwise;
(g) suspend, amend, re-assign and/or delete your account with the website; and/or
(h) delete and/or edit any or all of your user generated content.
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 (including without limitation creating and/or using a different account).
In the event that you continue to contravene these Terms of Use and/or the Standards for User Generated Content, we reserve the right to contact your employer or your internet service provider.
We will co-operate with law enforcement or regulatory authorities or any court order requesting or requiring us to disclose the identity or location of anyone who has submitted User Generated Content to us in breach or allegedly in breach of these Terms and Conditions and/or the Standards for User Generated Content.
(10) Third party websites...Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
(11) Copyrights & Trademarks...The www.MikeCattermole.com name, domain, e-mail address, the "Catt" name and its extensions within this website, editorial content, videos, source code, software, database, hosting space, widgets, images, graphics, logo(s) (and any trademarks which we may have been registered) are considered intellectual property and belong to and are copyright of Mike Cattermole Ltd. Apart from the www.MikeCattermole.com advertising banners, links & widgets (for which instructions for use are provided on the site in the Banners & Widgets section), we give no permission for the use of these copyrights & trademarks, and such use may constitute an infringement of our rights. Please contact us should you need further clarification on this or seek to want to use them with our written authorisation.
The other registered and unregistered copyrights and trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
(12) Competitions...From time to time we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions (that we will make available to you as appropriate).
(13) Variation...We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.
(14) Assignment...We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.
(15) Severability...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. If any unlawful and/or unenforceable provision 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.
(16) Exclusion of third party rights...These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.
(17) Entire agreement...These terms of use, together with our Privacy Policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
(18) Law and jurisdiction...These terms of use will be governed by and construed in accordance with the laws of England (English law), and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of England and Wales.
(19) Our details...The full name of our company is Mike Cattermole Ltd. and we are registered in England & Wales under registration number 4853174.
For all correspondence and day-to-day contact purposes, please use:
www.MikeCattermole.com, PO Box 64999, London SW19 9DH, United Kingdom.
whilst our registered address is Mike Cattermole Ltd., 22 Wycombe End, Beaconsfield, Bucks, HP9 1NB, United Kingdom and our UK Data Protection Registration is: Z2151185
You can contact us by email using the Contact form.
This document was last updated on 21st May, 2010.
|