WEBSITE TERMS AND CONDITIONS
1.1 This website (“the Site”) is operated by The Outside Organisation Limited (Company No. 03378739) whose registered office is at Charles House 5-11 Regent Street, St James’s, London SW1Y 4LR (“we” “us” “our”).
1.3 It is important that you read and understand these Terms and the Supplemental Agreements before using the Site. By accessing or using the Site you agree to be legally bound by these Terms, as they may be modified from time to time. If you do not agree to these terms and conditions, please do not use the Site.
1.4 We reserve the right to change these Terms and the Supplemental Agreements at any time. Amendments will take effect when posted on the Site.
2. Changes to Service
We reserve the right to improve, update, or suspend the service provided on the Site at any time without notice.
3.1 If you wish to receive our newsletter and participate in our forums then we require you to register your details.
3.2 For the purposes of verifying your identity we may use the data provided by you to establish the veracity of all the registration details you have provided when registering with the Site, and your entitlement to use the Site and the services.
3.3 If you register your details you are solely responsible for the accuracy, legality, currency and compliance of such detail and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.
3.4 We reserve the right to terminate suspend or restrict access without notice to you should you commit any breach of the Agreement or in our reasonable discretion we believe it is your intention to commit a breach of the Agreement or we believe you are acting contrary to the spirit of the Agreement.
4. General Conduct
4.1 We grant you a limited licence to access and make use of the Site, but not to modify it, or any part of it, or otherwise exploit it for any commercial purpose or gain except for those specific purposes set out in this Agreement or otherwise with our express written consent.
4.2 You must not use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way. You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Site for lawful purposes only.
4.3 You must not use the Site for any fraudulent purposes, or in connection with a criminal offence or other unlawful or immoral activity, to send, use or reuse any content or material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing or that will infringe copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties, or objectionable, or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam” to cause annoyance, inconvenience or needless anxiety.
4.4 You must not use the Site in any way which may disrupt the forum community or cause problems for other users or which may be detrimental to The Outside Organisation Limited business and or generally use the Site in any way which in our reasonable opinion is inconsistent with the spirit of the Agreement.
5. Information and Content Provided by You
5.1 Any information and content posted, uploaded, or otherwise sent by any means by you to the Site shall be legal, decent, honest and truthful, shall not infringe any third party’s rights, shall not be obscene, blasphemous or defamatory and shall not contain any viruses or other malicious computer programming routines. Without limiting the above, all information you provide shall be accurate and complete
5.2 You agree that you will not publish your contact information or any other information or data in the publicly-accessible parts of the Site. You agree that you will not publish the contact information or the information of any other person in the publicly-accessible parts of the Site (whether or not such persons are users of the Site) or elsewhere, or communicate such information to any other person whether in electronic or any other format.
5.4 You waive all moral rights you have in any content and information provided by you to the fullest extent permitted by law.
6. Your Licence to Us
By submitting any content and information to us you agree to grant us a non-exclusive license and all the necessary rights throughout the world to reproduce, edit, change, copy, adapt and otherwise make such content available on the Site.
7. Copyright and Other Intellectual Property Controlled by us.
7.1 All content and all compilation of content included on the Site which is not provided by you, including but not limited to text, graphics, logos, icons, photographs and images, audio clips, digital files, data compilations and software, is our property or otherwise protected by copyright, database and trade mark right laws in England and internationally.
7.2 For the avoidance of doubt you may not utilise any data mining software or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Site without our express written consent. You may not create and/or publish your own database that features substantial parts of the Website without our express written consent. You will indemnify us against any loss, damages, costs, expenses (including reasonably legal fees) or other claims arising from any breach of the above warranties you commit.
8.1 We have no control over the content of third party sites and cannot guarantee the reliability of any links to third party sites nor can we provide any guarantees or accept any liability in respect of the content on such third party sites.
8.2 You may not create hyperlinks to the Site without our prior written consent. All such permitted hyperlinks must make it clear that the hyperlink is to our Site and that it is in no way affiliated to any third party.
9.1 You are solely responsible in all respects for all use of and for protecting the confidentiality of your account and password which may be given to or selected by you for use on the Site. You must immediately notify us of any unauthorised use of them or any other breach of security.
9.2 Any losses incurred or sustained by you in transmitting information shall be borne solely and exclusively by you and in no event shall any such losses in whole or in part be borne by us. If you are using a public computer, you must sign out when you have finished using the Site.
10. Compliance with Laws
You agree to comply with all applicable laws, statutes and regulations concerning your use of the Site.
11.1 We accept no liability for any failure to maintain the Site and whilst best efforts are made to update the Site regularly we accept no liability for any omission of or inaccuracies in the information provided. We shall not be liable by reason of any representation (unless fraudulent) and all warranties, conditions or other terms, implied by law are excluded to the fullest extent permissible. We shall not be liable for any loss of goodwill or reputation, profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by our negligence, servants or agents or otherwise) which arise out of or in connection with the provision of the material by you.
11.2 Your acceptance of these Terms also acts as a general release of The Outside Organisation Limited and any of its subsidiaries (and all of their officers, directors, agents and employees) from any liability for any claims, loss, and damages (both direct and indirect, including loss of profits, goodwill and business opportunity) arising out of or in any way connected to your use of the Site.
11.3 Notwithstanding the foregoing, nothing in this Agreement is intended to limit any rights you might have under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
You will indemnify us against any loss, damages, costs, expenses (include reasonable legal fees) or other claims arising from any breach by you of any of the warranties and any other term of the Agreement.
Except as otherwise stated, any notices you wish to send to us should be e-mailed to us at email@example.com. Any notices that we may wish to draw to your attention will be displayed on our Site.
14. Confidential Information
We and you shall endeavour to prevent the disclosure, publication or dissemination of the other’s confidential information and shall not use, reproduce, distribute, disclose or otherwise disseminate such confidential information except in connection with the performance of obligations under these Terms.
15. Electronic Communication
When you visit the Site or send emails to us, you are communicating with us electronically. We communicate with you by email or by posting notices on the Site. For contractual purposes, you consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
16. Law and Jurisdiction
This Agreement (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction in relation thereto.
If any part of the terms of this Agreement is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
18. Entire agreement
This Agreement contains the entire agreement between us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
We shall be entitled to assign, transfer or sub-contract or in any way make over the benefit or burden of the Agreement to a third party.
20. No Waiver
A waiver by us of any terms of the Agreement in a particular instance shall not be deemed or construed to be a waiver of such term or condition for the future or affect our rights in respect of any subsequent breach of the terms of this Agreement. All rights and remedies contained in this Agreement shall be distinct, separate and cumulative and no action or inaction by us shall operate to exclude or deprive us of any other rights allowed by law.
21. Third Party Rights
No third party shall be deemed under the Agreement to have enforceable rights by virtue of the Contracts (Rights of Third Parties Act) 1999.
22. Nature of Agreement
This Agreement shall not constitute a partnership, agency or joint venture between the parties.