If you are accessing the Platform or Digital Media on behalf of an employer or other organisation, you may also be bound by other terms that organisation has agreed with Clixifix. Please check with any organisation on whose behalf you are acting.
USING THE DIGITAL MEDIA AND ITS CONTENTS
You may only use the Digital Media for lawful purposes. Non-subscribers of the Platform may only use the Digital Media for non-commercial personal use. You must not use the Digital Media:
• in any way that breaches any applicable laws, statutes and regulations from time to time in force (“Applicable Law”);
• in any way that is unlawful or fraudulent, or has such a purpose or effect;
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (also known as “spam”);
• to knowingly introduce or transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, logic-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code or material which is malicious or technologically harmful or designed to adversely affect the operation of any computer software or hardware;
You must not:
• send, transmit, knowingly receive, upload, download, use or re-use any material that is defamatory, offensive or otherwise objectionable or does not comply with our Content Standards (see below) in relation to your use of the Digital Media or any Service;
• use the Digital Media in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
• collect or harvest any information or data from any Digital Media or our systems or attempt to decipher any transmissions to or from the servers running any Digital Media;
You also agree:
• not to access without authority, interfere with, damage or disrupt:
(a) any part of the Digital Media;
(b) any equipment or network on which the Digital Media is stored;
(c) any software used in the provision of the Digital Media; or
(d) any equipment or network or software owned or used by any third party, and
• not to access without authority, interfere with, damage or disrupt any part of the Digital Media or any equipment or network on which the Digital Media is stored, any software used in the provision of the Digital Media, or any equipment or network or software owned or used by any third party connected or used in relation to the Digital Media. By breaching this provision, you may commit a criminal offence. 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 the Digital Media will cease immediately.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise expressly stated, we are the owner or the licensee of all intellectual property rights in the Digital Media 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 shall retain ownership of any intellectual property rights that existed before the commencement of any Services, including any materials uploaded by you to clixifix Digital Media.
“CLIXIFIX” and its corresponding logo(s) are trade marks of clixifix and all goodwill and reputation relating thereto is owned solely by clixifix.
You may print off copies, and may download extracts, of any page(s) from the Digital Media for your personal reference and you may draw the attention of others within your organisation to material posted on the Digital Media. Our status (and that of any identified contributors) as the authors of material on the Digital Media must always be acknowledged. You agree that any such use of Digital Media materials is restricted to reasonable or permitted business use only.
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; or
• use any part of the materials on the Digital Media for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy, use or download any part of the Digital Media in breach of these Terms or your organisation’s contract with us, your right to use the Digital Media will cease immediately and you must, at our option, return, delete or destroy any copies of the content you have made and on request certify to us that you have complied with this clause.
You acknowledge that you have no right to have access to the Digital Media in source-code form.
LOG-IN DETAILS FOR PERMITTED USERS
If you are accessing the Platform or Digital Media on behalf of an employer or other organisation, you will be given access details, codes, credentials, passwords and/or other information (“Log-In Details”) in order to be able to access and/or use certain functions or materials (“Restricted Content”). You must treat your Log-In Details as confidential, and you must not disclose these to any third party. You must only access the Restricted Content using your unique Log-In Details as supplied by us. You are responsible for all activities that take place using your Log-In Details and agree to notify us promptly if you believe there has been unauthorised use of your Log-In Details or unauthorised access of the Restricted Content using these.
We provide, from time to time, interactive services within the Digital Media, including, without limitation, customer tickets and any bulletin boards, communications facilities, and discussion forums (“interactive service(s)”).
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). Unless otherwise stated we will not moderate or monitor any interactive service.
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our website or Platform, 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 as part of the Digital Media, and to the extent permitted by law 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.
The content standards set out in this paragraph (the “Content Standards”) apply to any and all material which you contribute to our website or the Platform, including without limitation, all types of information, text, software, sound recordings, photographs, graphics, video, databases or any other compilations, (“Contributions”) and to any interactive services associated with it.
You must comply with the Content Standards, which apply to all aspects of any Contribution.
• Contributions must:
a) be accurate (where they state facts);
b) be genuinely held (where they state opinions); and
c) comply with Applicable Law in the UK and in any country from which they are posted (including data protection law where any content could identify an individual).
• Contributions must not:
a) be used for sales promotion or other commercial purposes;
b) contain any material which is defamatory of any person;
c) contain any material which is obscene, offensive, hateful or inflammatory;
d) promote sexually explicit material;
e) promote violence;
f) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
g) infringe any copyright, database right, trade mark, confidentiality or other intellectual property right of any other person;
h) be likely to deceive any person;
i) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
j) promote any illegal activity;
k) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
l) be likely to harass, upset, embarrass, alarm or annoy any other person;
m) be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
n) give the impression that they emanate from us, if this is not the case; and
o) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You must not send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
BREACH OF USE RESTRICTIONS CONTENT STANDARDS
• Immediate temporary withdrawal of your right to use the Digital Media and/or Services.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to the Digital Media.
• Issue of a warning to you and your employer or other organisation on whose behalf you may be acting.
Whenever you make use of a feature that allows you to upload material to our website or the Platform, or to make contact with other users of the Digital Media, you must comply with the content standards. You warrant that any such contribution by you does comply with those standards.
• You expressly agree that use of the Digital Media and the Service is at your sole risk and that the service and any content is provided on an “as is” and “as available” basis. The content with the Digital Media is made available for you to select or disregard as you see fit, it does not constitute advice. Where the Digital Media contains opinions or recommendations, these are not endorsed by us and to the maximum extent permitted by law, we shall not be liable on account of the accuracy or otherwise of such opinions and recommendations. We shall have no liability to any party in relation to any connected services.
• Commentary, communications and other materials or content posted, transmitted, or otherwise made available on or via the Digital Media are the personal views or opinions of the contributor(s) and do not reflect the opinions or views of, and are not endorsed by, clixifix or any company or body associated with it and are not intended to amount to advice on which reliance should be placed.
• Commentary, communications and other materials or content posted, transmitted, or otherwise made available on or via the Digital Media are the sole responsibility of the person who originated such content. We may not monitor or control the content posted on or via the Digital Media and, we shall not take responsibility for such content. Accordingly, you understand that by using the Digital Media, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive.
• Under no circumstances will clixifix 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 on or as a result of the use of any content posted, transmitted, or otherwise made available via the Digital Media or broadcast elsewhere.
• There may be links from the Digital Media, or in communications you receive from the Digital Media, to third party websites. Accessing those third party websites requires you to leave the Digital Media. We do not control those third party websites or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any loss or damage that may arise from your use of any of those third party websites.
To the extent permitted by law:
• We therefore disclaim all liability and responsibility arising from any reliance placed on such content by any user of the Digital Media or by anyone who may be informed of its content.
• We make no warranties or representations about the accuracy or completeness of the content provided on or via the Digital Media and we assume no liability or responsibility for any errors, omissions or inaccuracies of content or submissions.
• We are not responsible for any content or transaction that is contained or may be available outside the Digital Media. We make no representations, warrantees, guarantees or any endorsements as to the quality, suitability, functionality or legality of any products, services or other offerings that may be advertised or made available by a third party through the service or which may be linked to the service such as in advertising or a submission. Accordingly, we will not be a party to or in any way be responsible for any transaction that may occur between you and such third parties and you should always use prudent judgement and read the policies and terms of such third parties.