Website Terms of Use
1. TERMS OF WEBSITE USE This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.letmehavemysay.com (our site), whether as a guest or a registered user. Please read these terms of use as well as our privacy policy carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and privacy policy and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.
2. INFORMATION ABOUT US www.letmehavemysay.com is a site operated by Businesseasy Limited ("We"). We are registered in England and Wales under company number 05061023 and have our registered office is at 20 Heather Garth, Driffield, East Yorkshire YO25 6UT. We are a limited company. To contact us with any issue you may send an email to us at info@letmehavemysay.com.
3. INFORMATION ABOUT YOU Our website is not intended for children under 13 years of age. If you are under 13 years of age, then please do not use the letmehavemysay.com website. Talk to your parents about what sites are appropriate for you. Where you are between 13 years of age but below 18 years of age i.e. a minor, you must ask a parent or guardian over the age of 18 to register on your behalf and accept these terms and conditions. A parent accepting the terms and conditions shall be responsible for any breach of these terms by any minor using a password generated from an account created by a parent. When you do register as a user of our site, we shall 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.
4. 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 of use. 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.
5. USER SUBMISSIONS By uploading a submission to our site ("User Submissions"), you accept that we cannot be held responsible should another user or any other third party download and copy or edit that content without your consent. You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to such User Submissions. Likewise we cannot accept any liability for any User Submissions available on our site that contravene the requirements of condition 6 and condition 7. You shall be solely responsible and have full liability for your own User Submissions and any consequences of posting or publishing them. You agree by submitting a file to our site, that we have permission to broadcast that User Submission on our site to users of our website and any third party site they embed the said file onto. If you do not agree to such action, you can edit the file so that people cannot use the embed system and also stop the public from viewing your User Submission. However should someone find a way to unblock this system, we cannot be held responsible and it will be your responsibility to delete the file to stop publication outside of our website. If you are a legal owner of a file that a user of our site has submitted to us, please contact us straight away. We will investigate the file in question and remove the said contents providing that you send us reasonable evidence that you are the legal owner. Please note that we accept no responsibility for the content that any user uploads to our site. You warrant that any User Submission shall comply with those standards in condition 6 and 7 and should any User Submission not comply we shall have the right to take any action we deem appropriate pursuant to condition 13. 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 contravenes condition 6 and condition 7.
6. 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 as set out at condition 7;
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To use an inappropriate username (vulgar, racist, offensive etc.).
- 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 of use.
- 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.
Should any User Submission fail to comply with the above requirements, then we shall have the right to immediately remove that User Submission and ban you from using our site any further. If during your use of our site you deem that a User Submission does not comply with the above requirements you may flag that User Submission for our review. Where we at our sole discretion deem that the User Submission, we shall take any action we deem appropriate. Should you fail to comply with any of the provisions of this condition 6 and as a result we incur any financial liability to third parties as a consequence, then we shall have the right to take any action we deem appropriate pursuant to condition 13.
7. CONTENT STANDARDS These content standards apply to any and all User Submissions which you contribute to our site 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 User Submission as well as to its whole. User Submissions must: - Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
User Submissions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful, inflammatory or promotes any form of social intolerance.
- 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.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Should any User Submission fail to comply with the above requirements, then we shall have the right to immediately remove that User Submission, ban you from using our site any further and shall also have the right to take any action we deem appropriate pursuant to condition 13. If during your use of our site you deem that a particular User Submission does not comply with the above requirements you may flag that User Submission for our review. Where we at our sole discretion deem that the User Submission, we shall take any action we deem appropriate.
8. MODERATION OF OUR SITE We have only a limited ability to moderate our website and in any event cannot moderate the site 24 hours per day. Use of the website is therefore entirely at your own risk. We will make reasonable endeavours 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 content we provide on our site and we expressly exclude our liability for any loss or damage arising from the use of any service by a user in contravention of our content standards, whether the service is moderated or not. The use of any of our services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use our site that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any of our services should be made aware of the potential risks to them. If you are the legal owner of content placed on our site without your permission, please contact us straight away and we shall remove that content on production of reasonable proof that you are the owner of such intellectual property or have rights in it. We shall however have no liability to you for the content posted on our site.
9. 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 user of our site, or by anyone who may be informed of any of its contents.
10. CHANGES TO OUR POLICIES We may revise our policies 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 make, as they are legally binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
11. 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 with the exception of User Submissions. Those works that are properly attributed to us 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. 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.
12. OUR SITE CHANGES REGULARLY We 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.
13. SUSPENSION AND TERMINATION We will determine, in our discretion, whether there has been a breach of these terms of use through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate. Failure to comply with any of terms constitutes a material breach of the terms of use upon which you are permitted to use our site, and 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 any and all costs that we suffer as a result of your breach of these terms of use (including, but not limited to, reasonable administrative and legal costs).
- 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 these terms of use. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate. The remedies available to us should you breach any of the conditions set out in these terms of use shall survive the termination of this agreement.
14. 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.
- 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.
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.
15. 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. Usage of robots such as video grabbers and spam bots are not allowed, as these are seen as trying to break copyright ownership of a Users Submission and grab users emails to add to a third party site and as such we will act on our terms of use and ban your I.P address without warning. Our servers are checked daily for any robots, and any unknown robots will be flagged, investigated and appropriate action taken.
16. 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. We permit you to link to materials on the Website for personal, non-commercial purposes only. In addition, we provide an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to our site LetMeHaveMySay.com website on the pages containing the Embeddable Player. 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 these terms of use.
17. 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.
18. ASSIGNMENT You may not assign any of your obligations under these terms of use to any third party without our written consent.
19. JURISDICTION AND APPLICABLE LAW The English courts will have non-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 are governed by English law. |