Terms of use

Terms of Use

The Effective Date of these UPDATED Terms of Use is 17 September, 2015.

IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE (“TERMS”) BEFORE USING ANY OF OUR SITES (DEFINED BELOW), AS THEY GOVERN YOUR USE OF THE SITES AND AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. These Terms only apply to the web sites that post these Terms, including any features, applications, widgets or online services that post a link to the Terms, whether accessed via computer, mobile device or otherwise (Collectively, “Sites”). The Sites are owned or controlled by Collectively LTD (“Collectively”). These Terms do not apply to any other web site or any offline activities by Collectively (unless specifically stated). You agree to these Terms by accessing or using any of the Sites. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE ANY SITE.

In some instances, both these Terms and a separate terms of service or guidelines document setting forth additional conditions may apply to a service or product offered via the Sites (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Please also review the terms of the Collectively Privacy Policy, which is applicable to the Sites.

[Throughout these Terms, “Account” means any online page, profile or other online account that is personal to you and which may contain or display Personal Information about you, and over which you have control. This may be in respect of an Account hosted on the Sites or on a third party web site.]

OWNERSHIP OF SITE MATERIALS

Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Sites (including past, present and future versions of the Site), including, without limitation: graphics; layout; text; instructions; images; audio; videos; designs; ringtones; wallpapers; games; contests; voting; technology; applications; widgets; artwork; information; data; designs; compilations; advertising copy; logos; domain names; Collectively logos, trademarks and services marks, and any other Collectively product and service names that are trade identities of Collectively (the “Collectively Marks”); any and all copyrightable material (including source and object code); the “look and feel” of the Sites; the compilation, assembly and arrangement of the Sites; and all other materials related to the Sites (collectively, the “Materials”) are owned, controlled or licensed by Collectively, its subsidiaries or affiliates and are protected from unauthorised use, copying and dissemination by copyright, trademark, patent and other laws, rules, regulations and international treaties. Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by Collectively, no rights (either by implication, estoppel or otherwise) to the Materials are granted to you. Any and all rights to use any Materials not expressly granted to you under these Terms are hereby reserved for Collectively and/or its parent, members, managers, subsidiaries, affiliates or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way Collectively’s rights to exploit fully any or all of the Materials.

You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Materials, or take any action whatsoever in derogation of Collectively’s rights therein. You acknowledge and agree that you will not acquire or claim any rights in the Materials, or aid or abet anyone else in doing so. The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the prior written authorisation of Collectively, unless and except as is expressly provided in these Terms. Any other use of the Materials without the prior written authorisation of Collectively is strictly prohibited.

To seek the written authorisation of Collectively for reproductions of the Materials, please contact us at TERMS@COLLECTIVELY.ORG

YOUR LICENSE TO USE MATERIALS AVAILABLE ON OUR SITES

You may visit our Sites without further permission from Collectively and Collectively grants you a limited, personal, non-exclusive, non-commercial, revocable and non-transferable licence to use, download, view and play the Materials. This licence is subject to your full compliance with these Terms. When you download or use the Materials, you agree to and you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Materials; and (c) not allow or assist any third party (whether or not for your benefit) to copy or adapt any object code associated with the Sites or reverse engineer, modify or attempt to discover any code associated with the Sites. You also agree that you will not, including by using any robot, scraper, or other data mining technology or process, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard search engine or Internet browser usage or as expressly authorised by Collectively).

Except as expressly set forth elsewhere in these Terms, nothing in these Terms will be interpreted to grant you any right or licence to enter into sub-licences or redistribution agreements with respect to any portion of the Materials or to otherwise rent, sell, lease, loan, transfer, assign, broadcast, upload to any computer or wireless device, sub-licence, distribute or allow access to the Materials. You agree that you will not charge any person or entity to view, listen, play or otherwise access any Materials, or disseminate any Materials in any manner to the public (for free or for a fee).

REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS

You may not use the Sites for any purpose or in any manner that infringes the rights of any third party. Collectively encourages you to report any content on the Sites that you believe infringes your rights. Only the intellectual property rights owner or person authorised to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Sites infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.

If you believe that your work has been copied and used on the Sites in a way that constitutes copyright infringement, please provide Collectively with the following information: (a) a physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single Site are covered by a single notification, a representative list of such works at that particular Site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe that any content on the Sites violate your rights other than copyrights, please provide Collectively with at least the following information: (a) a physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing and the material that is claimed to be the subject of the infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.

Notice of claims of copyright or other intellectual property infringement must be sent to Collectively:

  • Email: copyright-agent@collectively.org
  • Mailing Address: 6 St Andrew Street, London EC4A 3AE, United Kingdom, Attn: Copyright Agent

Please note that this procedure is exclusively for notifying Collectively of claims that your copyrighted material or other intellectual property rights have been infringed.

We have a policy of terminating the Accounts of users who (in our reasonable discretion) are repeat infringers of third party intellectual property rights through their use of the Sites.

It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter. Collectively will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party’s intellectual property rights.

INFORMATION/CONTENT YOU SUBMIT

The Sites may provide you and others with the opportunity to participate in message boards, chat rooms and other public areas (“Community Forums”) and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Collectively or to a Site, including, without limitation, comments, ideas, review, suggestions and other content (collectively, “User Content”).

Except as otherwise described in the Privacy Policy, or applicable Additional Terms, you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned.

You remain the owner of your User Content, but you acknowledge that Collectively must have a licence from you in order to accept your User Content. You grant to Collectively the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and licence to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-licence, display, perform, transmit, publish, broadcast, modify and create derivative works from, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats; on or through any media, software, formula or medium now known or later developed; and with any technology or devices now known or later developed and to advertise, market and promote the same.

You further agree that Collectively is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Sites or Collectively, for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and or services using such User Content; or creating informational articles based on or advertising our products and services, without any obligation, remuneration or attribution of any kind to you or anyone else. Subject to the Privacy Policy, you further perpetually and irrevocably grant Collectively the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation, remuneration or attribution of any kind to you or anyone else. You further authorise Collectively to publish your User Content in a searchable format that may be accessed by users of the Sites and the Internet. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.

You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licences in these Terms; or (ii) you have all necessary rights and licences from the owner(s) of these rights to enter into these Terms and grant Collectively these licences. Upon Collectively’s request, you will furnish Collectively any documentation, substantiation or releases necessary to verify your compliance with these Terms.

You agree that Collectively has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its rights to your User Content including, without limitation, by bringing and controlling actions in your name and on your behalf (at Collectively’s cost and expense, to which you agree to consent and irrevocably appoint Collectively as your attorney-in-fact, with the power of substitution and delegations, which appointment is coupled with an interest).

You further acknowledge and agree that Collectively does not and will not have any obligation to review, monitor, display, accept or exploit any User Content and Collectively may, in its sole discretion, delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content at any time without notice or liability to you or any other party. You understand that User Content need not be maintained on the Site by us for any period of time and we reserve the right to delete it at any time.

All of your User Content is your sole responsibility. This means that you, and not Collectively, are entirely responsible for all User Content that you upload, post, e-mail, transmit or otherwise make available via the Sites. If you post personal information to publicly available areas of the Sites then you may receive unsolicited messages from third parties. Under no circumstances will we be liable in any way for any of User Content that you upload including, without limitation, any errors or omissions in User Content, or for any loss or damage of any kind incurred as a result of User Content as uploaded by you.

VIRAL DISTRIBUTION AND WIDGETS

Collectively may allow you – but only through express written permission –to engage in certain personal uses of the Materials that include the ability to share the Materials with others (“Viral Distribution”). For example, the Site may allow you to send the Materials to friends, display the Materials on your personal web site or post the Materials on a third party web site. We reserve the right to revoke our permission for Viral Distribution at any time and for any reason and you agree to comply with any terms we post in connection the Viral Distribution of the Materials.

Similarly, the Site may provide content that you may choose to embed on your personal web page, third party web site or social networking site by pasting the HTML or other code provided by us (typically labelled as an embed code) (“Widgets”). Widgets are Materials and are subject to the limited, revocable licence described above for the Materials. We may discontinue providing the services necessary for the Widgets to operate or we may disable Widgets you have embedded at any time for any reason without any liability to you. You agree that our permission to you to use Widgets on your personal web page does not provide you (or any third party) with any intellectual property rights in or to the Widget or any Materials made available via any Widget.

You agree that you will not embed or otherwise make available a Widget on a web page or web site containing content that is threatening, abusive, harassing, hateful, or racially, ethnically or otherwise objectionable (in Collectively’s sole opinion). Collectively makes no specific warranties about Widgets. You agree not to circumvent (or in any way attempt to circumvent) the security or rights management features in the Widgets or any component of the Widgets (including any video player) that are designed to prevent users from copying, manipulating or retaining the Materials made available via the Widgets. You also agree to not use (or attempt to use) the Widgets or any component of the Widgets to display content other than the Materials provided or intended by Collectively to be displayed via a particular Widget.

NOTICE TO THIRD PARTY SITES: Any Materials made available in connection with your site, or otherwise, by our Widgets, third party widgets or otherwise is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of the Materials upon notice.

PAID SERVICES

Some of the services on the Sites may require you to pay a fee, such as subscription services on the Sites (“Paid Services”), as described in the specific conditions included where Paid Services, if any, are offered. Your specific rights and obligations in relation to the Paid Services will be outlined in terms and conditions specific to the Paid Services which will be available at the time of purchase. Your use of the Paid Services will still be subject to these Terms.

The Sites may offer one-time fee-based services and subscription based services. Regardless of the type of service you purchase, you agree to pay all fees and charges that you incur and that are displayed at the time of purchase of the services. Unless otherwise noted, all currency references are in GBP. We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. Collectively does not provide price protection or refunds in the event of a later price drop or promotional offering. We may occasionally offer promotional trial subscriptions to a Paid Service on a Site for free or at special discounted prices. If you sign up for a trial subscription, your subscription will be either 1) automatically renewed at the normal subscription rate in effect at the end of the trial period, unless you cancel at the required time before the end of the trial period; or 2) terminated, unless you successfully sign up for a Paid Service by way of subscription, depending on the terms of your trial subscription. If you have subscribed to a Paid Service on a Site, then by so subscribing you are entering into a legal and binding agreement between yourself, as an end user, and Collectively to purchase that subscription.

ACCEPTABLE USE POLICY; COMMUNITY USAGE RULES

When you contribute, upload or otherwise provide User Content to a Site, you agree to comply with the following community usage rules (“Rules”):

  • User Content must be yours please. All User Content must be original with you, not copied from someone else’s work, and you must have all rights in the User Content; OR, all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you permission to upload and distribute the User Content on the Site and elsewhere.
  • User Content should not include pictures or images of anyone but you and your friends and family. If you choose to upload photos to the Site, link to embedded videos, or include other images of real people, make sure they are of you or of you and someone you know but only with their express permission to post it.
  • Don’t upload third party materials. Your User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any User Content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.
  • No music please. Your User Content may not contain any music unless the work and performance is original with you and/or you have all rights to the musical work (including but not limited to any performances). No jingles, sampling or otherwise should be included in any User Content.
  • Please follow codes of social decency. Be respectful of others’ opinions and comments so we can continue to build a community for everyone to enjoy. Harassing, stalking and personal attacks are prohibited. Your User Content may not threaten, abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, sexual preference or physical handicap or that are defamatory, slanderous or pornographic.
  • Do not use the Sites for commercial purposes. Your User Content may not advertise or promote a product or service except those provided on the Sites. You may not use your User Content to raise money for anyone, including but not limited to for a pyramid or other multi-tiered marketing scheme or for a charity.
  • Do not upload User Content that is illegal. Your User Content may not promote any illegal activity. If someone could go to prison for taking action suggested by your User Content, don’t upload or post it. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities.
  • No violence. Your User Content must not promote violence or describe how to perform a violent act.
  • Be honest and do not misrepresent yourself or your User Content. Do not impersonate any other person, user or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company.
  • Public forum. [The Sites and the forums constitute an online space where users can interact (a “Community”).] We hope that you will use the Community Forums to exchange information and content and have discussions with other members who use the Sites. However, please remember that the Community is a public forum and User Content that you post on the Community Forum will be accessible and viewable by other users. Do not post personal information (e.g., full name, password, phone number, address, e-mail address or other personally identifiable information or contact information).
  • Don’t share other people’s personal information. Your User Content may not reveal another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.
  • Don’t damage the Sites or anyone’s computers. User Content may not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Sites or any computer system.
  • Don’t share confidential information or trade secrets. User Content may not contain any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

You must not and agree not to (a) interfere with or disrupt a Site or any Collectively or Site servers or networks; or (b) intentionally or unintentionally violate any applicable local, national or international law.

MEMBERSHIP & REGISTRATION

Certain areas of the Sites may require registration or may otherwise ask you to provide information to participate in certain features or access certain Materials or User Content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Materials or User Content or participate in certain features of the Sites.

When you provide information to a Site, you agree to provide only true, accurate, current and complete information.

If you register with us, you accept responsibility for all activities that occur under your Account or password and you agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the Site using your name in whole or in part. Collectively reserves the right to terminate your Account or otherwise deny you access in its sole discretion without notice and without liability.

YOUR WARRANTIES

You represent and warrant that: (i) you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms or, if you are a minor, your parent or legal guardian has approved your participation on this Site and has read and agreed to these Terms on your behalf; and (ii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms.

You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Sites. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Sites, including, without limitation, those governing your transmission or use of any software or data.

USER INTERACTIONS AND DISPUTES

You are solely responsible for your interaction with other users of the Sites, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.

PROMOTIONS

The Sites may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes or promotion.

THIRD PARTY LINKS, CONTENT AND APPLICATIONS

There may be links from the Sites, or from communications you receive from the Sites, to third party web sites or online features. The Sites also may include third party content that we do not control, maintain or endorse.

You may choose, at your sole and absolute discretion and risk, to use applications that connect a Site or your Account on a Site with a third party site (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Site profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your Site Accounts, you are consenting to the information about your Account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Collectively has not provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold Collectively harmless for the sharing of information relating to your Site Accounts that results from your use of an Application. You agree to read all log-in boxes and other pop-up boxes closely for notices about sharing your Account information with, through or by any other means identified on an Application.

The Sites may include a button enabling you to indicate, on your social networking page, that you “like” a specific product on the Sites, or a feature that lets you post to your social networking page a link to a specific Site product or the ability to share content from the Sites or your User Content with a third party. Using this functionality typically requires you to log in to your Account on the third party site and you do so at your own risk. We do not control any of these third party sites or any of their content. Accordingly, you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites or online features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND THROUGH THE SITES INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF THIRD PARTY PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.

LINKING POLICY

Collectively grants you the revocable permission to link to the Sites; provided, however, that your web site, or the web site where the link is placed: (a) must not frame or create a browser or border environment around any of the content on the Sites or otherwise mirror any part of the Sites (except as explicitly permitted as described in the “VIRAL DISTRIBUTION AND WIDGETS” section above); (b) must not imply that Collectively or any Site is endorsing or sponsoring it or its products, unless Collectively has given it prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in Collectively’s sole opinion, harm Collectively or its products or services; (d) must not use any Collectively Marks without the prior written permission from Collectively; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Collectively’s sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to a Site, you agree that you do and will continue to comply with the above linking requirements.

Notwithstanding anything to the contrary contained in these Terms, Collectively reserves the right to prohibit linking to the Sites for any reason in our sole and absolute discretion.

MOBILE FEATURES

The Sites may offer features and services that are available to you via your mobile device. These features and services may include, without limitation, the ability to upload content to the Sites, receive messages from the Sites, download applications to your mobile phone or access Site features (collectively, the “Mobile Features”). We may charge for Mobile Features and these charges will be disclosed prior to completion of registration for the Mobile Feature. Also, standard messaging, data and other fees may be charged by your carrier and Collectively will not be responsible for these other fees. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. As applicable, instructions regarding how to opt-out of Mobile Features will be disclosed in connection with Mobile Features. Typically, you will text a keyword (e.g., “STOP”) to the applicable shortcode for the Mobile Feature.

You agree that the Mobile Features for which you are registered may send communications to your mobile device regarding Collectively. Further, we may collect information related to your use of the Mobile Features. If you have registered for Mobile Features, you agree to notify Collectively of any changes to your mobile number and update your Account(s) on the Sites to reflect this change.

SOFTWARE AND OTHER ITEMS AVAILABLE FOR DOWNLOAD

Any items that we make available for download or use from the Sites and/or our servers (the “Downloadable Items”) are the copyrighted work of Collectively or its licensors or suppliers. Your use of the Downloadable Items may be governed by Additional Terms, which may be included with the Downloadable Items. Please carefully read any Additional Terms to determine the full extent of conditions governing the use of such Downloadable Items. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE DOWNLOADABLE ITEMS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR DISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR DISTRIBUTION IS EXPRESSLY PERMITTED BY THE ADDITIONAL TERMS APPLICABLE TO SUCH DOWNLOADABLE ITEMS.

DISCLAIMER OF WARRANTIES

THE SITES, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER COLLECTIVELY NOR ANY OF ITS MEMBERS, MANAGERS, EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, VENDORS OR CONTRACTORS (COLLECTIVELY, “COLLECTIVELY PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITES; (B) THE MATERIALS ON OR PROVIDED THROUGH THE SITES; (C) THE WIDGETS OR DOWNLOADABLE ITEMS; (D) USER CONTENT; (E) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE SITES; (F) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED ON THE SITES; AND/OR (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO OR FROM COLLECTIVELY OR VIA THE SITES. IN ADDITION, TO THE EXTENT PERMITTED BY LAW, THE COLLECTIVELY PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE COLLECTIVELY PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITES OR THE FUNCTIONS CONTAINED ON THEM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES OR THE SERVERS THAT MAKE THE SITES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES OR OTHER MALWARE. THE COLLECTIVELY PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITES IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY OR RELIABLE. YOU ACKNOWLEDGE, BY YOUR USE OF ANY SITE, THAT YOUR USE IS AT YOUR SOLE RISK. THE COLLECTIVELY PARTIES DO NOT WARRANT THAT YOUR USE OF ANY SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE COLLECTIVELY PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS.

BY ACCESSING OR USING A SITE, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THAT SITE.

THE COLLECTIVELY PARTIES DO NOT ENDORSE USER CONTENT, ARE NOT RESPONSIBLE FOR USER CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT) FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT OBTAINED THROUGH A SITE.

DISCLAIMERS/LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL THE COLLECTIVELY PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THE SITES; (B) THE MATERIALS; (C) WIDGETS OR THE DOWNLOADABLE ITEMS; (D) USER CONTENT; (E) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITES; (F) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COLLECTIVELY PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITES; (G) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (H) ANY ERRORS OR OMISSIONS IN A SITES’ TECHNICAL OPERATION; OR (I) ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, MOBILE PHONE OR OTHER MOBILE DEVICE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE COLLECTIVELY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE).TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COLLECTIVELY PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY. NOTHING IN THESE TERMS OF USE SEEK TO EXCLUDE LIABILITY FOR DEATH, PERSONAL INJURY OR FRAUD.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COLLECTIVELY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE SITES OR ANY OTHER WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE COLLECTIVELY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SITES OR ANY OTHER WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE COLLECTIVELY PARTIES.

INDEMNIFICATION

You agree to indemnify, defend (if requested by Collectively) and hold the Collectively Parties harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including legal fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your User Content; (b) your use of any Site or activities in connection with any Site; (c) your breach or anticipatory breach of these Terms; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities, connected with your use of the Sites; (e) information or material transmitted through your computer or other device used to access a Site, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you in connection with your use of the Site; or (g) the Collectively Parties’ use of your information as it was provided by you to Collectively or as authorised to be provided to Collectively. You will cooperate as reasonably required by the Collectively Parties in the defence of any claim that relates to the above listed indemnities. The Collectively Parties reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorised employee of the Collectively Parties.

TERMINATION

Collectively reserves the right to terminate your access to and use of any Site in its sole discretion, without notice and liability, including, without limitation, if Collectively believes your conduct fails to conform with these Terms. Collectively also reserves the right to investigate suspected violations of these Terms. Any violation of these Terms may be referred to law enforcement authorities.

LOCATION OF SITE AND TERRITORIAL RESTRICTIONS

The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Collectively to any registration requirement within such jurisdiction or country. Collectively controls and operates the Sites from offices located in the United Kingdom and makes no representations or warranties that the information, products or services contained on the Site are appropriate for use or access in other locations. Anyone using or accessing a Site from other locations does so on their own initiative and are responsible for their compliance with UK and local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable. We reserve the right to limit the availability of any Site or any portion of a Site to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.

Software related to or made available by the Sites may be subject to UK and European Union export controls.

Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content.

GOVERNING LAWS AND JURISDICTION AND THE COMMENCEMENT OF ACTIONS

THESE TERMS AND THE INTERPRETATION OF THESE TERMS WILL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF ENGLAND AND WALES. YOU AGREE THAT ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE SITE, THE USE OR ACCESS THEREOF, OR THESE TERMS, MUST BE HEARD IN THE COURTS OF ENGLAND AND WALES AND ENGLISH LAW WILL APPLY. YOU HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS LOCATED IN THE DETERMINED VENUE FOR ANY SUCH LEGAL PROCEEDING AND WAIVE ANY RIGHT TO RESORT TO ANY FORM OF CLASS ACTION. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.

MISCELLANEOUS

The failure of Collectively to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Collectively’s rights with respect to such breach or any subsequent breaches. No waiver by Collectively of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorised officer of Collectively. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. Collectively may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without Collectively’s prior written consent. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against Collectively by virtue of having drafted them.

These Terms and any applicable Additional Terms, as amended from time to time, constitutes the entire agreement that governs your use of the Sites and supersedes any prior agreements between you and Collectively with respect to the subject matter of these Terms.

Collectively reserves the right to modify or add to these Terms at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Sites so that they are accessible via a link on the home page, and that your use of a Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using any Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Sites from that point forward.

 

COLLECTIVELY LIMITED is a Company incorporated and registered in England and Wales with Company number 09278431, and whose registered office is at 5th Floor, 6 St. Andrew Street, London EC4A 3AE, United Kingdom.