1. Please read these terms and conditions (the “Terms”) carefully. By accessing and using our website and applications together with any content and features therein (including without limitation any games, widgets, embeddable media players and RSS feeds) (together, our “Services”), you indicate your acceptance of these Terms.
2. If you do not accept these Terms please do not access and/or use the Services immediately.
3. We may update these Terms at any time. Please review the Terms regularly to ensure you are aware of any changes. Your continued access to and/or use of our Services after changes have been made to the Terms indicates your agreement to be legally bound by the updated and/or amended Terms.
USE OF OUR SERVICES
4. You agree to use our Services for lawful purposes only and in a way that does not infringe the rights of or restrict or inhibit any person’s use and enjoyment of our Services and in compliance at all times with these Terms and with all laws and regulations that apply.
5. In accessing our Services, you agree that you will only access its contents for your own personal and non-commercial use and not for any commercial or other purposes, including advertising or selling any goods or services. You also agree not to adapt, alter or create a derivative work from any content on our Services except for your own personal, non-commercial use. You will need our prior written permission if you want to use any content on our Services for any other reason.
6. If you are under 16 you will need to obtain your parent’s or guardian’s permission before using any interactive features of our Services, such as commenting or uploading any content onto our Services.
7. If you are under 16 you must not reveal any personal information about yourself or anyone else, including your telephone number, home address or email address, to us or to any other user of our Services.
8. We make no representation that any of the content on our Services is appropriate or available for use in your country. You are responsible for ensuring that your use of our Services is in compliance with all applicable local laws and regulations.
INTELLECTUAL PROPERTY RIGHTS
9. All information, data, text, documents, graphics, logos, designs, images, pictures, photographs, videos, podcasts, weblogs, RSS feeds, widgets, embeddable media players, software, interactive features, advertisements or other content, services or materials (or any part of them) accessible on our Services (Materials) are protected by copyright, trade marks, database rights and other intellectual property rights and are owned by or licensed to us or are otherwise used by us as permitted by applicable law or regulation. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any licence or right to use the Materials other than as permitted in these Terms.
10. Except as specifically permitted on our Services, you undertake not to copy, store in any medium (including on any other website), distribute, transmit, re-transmit, re-publish, broadcast, modify, or show in public any part of our Services without our prior written permission (and the prior written consent of the owner of the relevant intellectual property rights as and if applicable) in accordance with the Copyright, Designs and Patents Act 1988.
USER CONTRIBUTIONS TO OUR SERVICES
PLEASE READ THIS SECTION CAREFULLY BEFORE UPLOADING OR OTHERWISE ANY CONTENT TO THE SITE. IF YOU DO NOT WANT TO GRANT US THE PERMISSIONS SET OUT IN THESE TERMS, PLEASE DO NOT SUBMIT YOUR CONTRIBUTION TO THE SITE.
11. We may now or in the future enable users to tsubmit (submit) contributions (including without limitation any text, photographs, graphics, video or audio material) to our Services (user Contributions).
12. Whenever you make use of a feature that allows you to submit user Contributions or to make contact with other users of our Services, you must comply with the content standards set out in the Code of Conduct. You promise that any user Contribution complies with the Code of Conduct and you will fully reimburse us for any costs arising from breach of your promise.
13. You remain the owner of the copyright in any original user Contribution that you submit. By submitting any user Contribution to any of our Services (including without limitation any forum, blog, social network, discussion page, photo album or video uploading facility) and in consideration of us making available to you the opportunity to upload any user Contribution (which you acknowledge as a sufficient benefit to you), you irrevocably and unconditionally grant us free of charge a non-exclusive, worldwide, royalty-free, sub-licensable licence of the entire right, title and interest in and to such user Contribution so that we and any successor may use the user Contribution in any way, including without limitation the right to copy, reproduce, modify, edit, adapt, reformat, translate, create derivative works from, incorporate into other works, transmit, distribute, perform, play, broadcast, commercialise and otherwise make available to the public such user Contribution (whether in whole or in part or copies of the same) in any format or medium currently known or developed in the future for the full period during which such rights subsist (including all renewals, revivals, reversions and extensions of the same) and thereafter to the fullest extent possible in perpetuity.
14. The permission you have granted to us is not exclusive and therefore you may continue to use the user Contribution in any way in any medium, including promoting it on Social Media, provided such use does not interfere with or impair the rights you have granted to us.
15. You authorise us to grant and we hereby grant to each user of our Services a non-exclusive licence to view, hear, read, stream, download, link to and otherwise access your user Contributions to our Services through our Services and otherwise to use such user Contributions as permitted through the functionality of our Services and in accordance with these Terms.
16. You shall be solely responsible for your user Contributions and the consequences of submitting them to our Services. You promise that:
(a) the user Contribution is your own original work and you own the entire right, title and interest in and to the user Contribution and/or you have all necessary licences, rights, consents and permissions to use and to authorise us to use any and all intellectual property rights (including without limitation copyright) in such user Contribution to enable us to use the user Contribution in the manner contemplated by these Terms;
(b) nothing in the user Contribution is defamatory, obscene, indecent, pornographic, sexually explicit, harassing, threatening or offensive, incites racial, cultural or religious hatred, impersonates or appears to impersonate any other person, is in contempt of court, violates any law or regulation or encourages conduct that would amount to a criminal offence (including without limitation any conduct that would be considered an offence under the Terrorism Act 2006) or give rise to a civil liability and/or is otherwise objectionable and/or an infringement of any UK or other applicable law or regulation;
(c) you will not collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material, data or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with your user Contribution or in connection with your use of our Services, unless you have obtained the express, prior permission of such other person (or their parent or guardian if such other person is under 16), firm or enterprise to do so;
(d) the user Contribution does not contain any virus, corrupt file, cancelbot, worm programme or other malicious code designed to interrupt, destroy or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, nor any adware, spy ware, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;
(e) you shall not submit any material or perform any actions that result in the transmission of junk email, chain letters, surveys, contests, pyramid selling schemes, duplicative or unsolicited messages or so-called “spamming” and “phishing”; and
(f) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of any user Contribution.
17. You hereby waive all moral rights or similar rights now existing or created in the future in any part of the world in respect of any user Contribution and grant to us the non-exclusive, royalty-free worldwide right to use any name, user name, screen name, likeness, photograph, signature and/or biographical material submitted to us by you.
18. You shall, and will procure that any necessary third parties shall, do all such further acts and execute and deliver all such other documents as may be reasonably requested by us to confirm the licences and rights granted under these Terms.
19. All user Contributions will be considered non-confidential 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 relevant information 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, their right to privacy or any UK or other applicable law or regulation.
REMOVAL OF MATERIALS
20. We are entitled at our option, but are not obliged to (a) actively review user Contributions to our Services; and/or (b) remove any user Contributions submitted to our Services by you or any other user if, in our opinion, such user Contributions do not comply with these Terms.
21. We reserve the right in our sole discretion at any time without liability and with or without prior notice (a) not to post any user Contribution on our Services; (b) to remove or suspend or disable access to any user Contributions; (c) to revoke your registration (where applicable) and right to access and/or use our Services or submit any user Contributions; and (d) to use any technological, legal, operational or other means available to enforce these Terms, including without limitation blocking specific IP addresses or deactivating your registration and/or user name and password (where applicable).
22. If you believe that a Contribution on our website infringes your rights, contravenes our Code of Conduct and/or any of these Website Terms, please notify us so that we can investigate. You can do this by sending an email to yoni@cyclondon.co.uk.
RELIANCE ON INFORMATION ON OUR SERVICES
23. Information published via our Services is intended solely for the purpose of providing general information and is not intended to amount to advice on which reliance should be placed. We do not warrant that any Materials are accurate or free from error and we disclaim all liability and responsibility arising from any reliance placed on any content on our Services by you or by anyone who may be informed of any of the contents of our Services.
24. You acknowledge that when using our Services you may be exposed to Materials from a variety of sources and that we are not responsible for the content, truth, accuracy, usefulness or safety of such Materials. We do not endorse any user Contributions or any opinion, recommendation or advice expressed in any user Contribution and we disclaim any and all liability in connection with such user Contributions or other material.
25. We aim to update our Services regularly and may change the content at any time. We may suspend access to our Services, or close them indefinitely at any time at our sole discretion. The Materials may be out of date at any given time and we are under no obligation to update them.
LIMITATION OF LIABILITY
26. We accept no liability in respect of any user Contributions submitted by any of our editorial staff or users. Your use of our Services, the Materials and/or any editorial staff or user Contributions is entirely at your own risk.
REIMBURSEMENT BY YOU
27. You agree to reimburse us in full and any of our officers, directors, employees, agents, representatives, licensors, suppliers and operational service providers on demand in respect of any and all claims, actions, proceedings, demands, damages, losses, liabilities, costs and expenses suffered or reasonably incurred by us as a result of, or in connection with, your access to and use of our Services other than in accordance with these Terms or any applicable law or regulation.
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LINKS TO AND FROM OUR SERVICES
Linking from our Services
36. We have no control over the content or availability of third party sites that you may access through our Services and such links are provided for your information only. If you visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
37. We do not endorse and are not responsible or liable (directly or indirectly) for any content, advertising, products, services, views expressed or information on or available from third party websites (including without limitation payment for and delivery of any products or services) or for any damage, loss or offence caused by or in connection with your access to and use of such third party sites and any available services. Any Terms, conditions, warranties or representations associated with any dealings on any third party sites are solely between you and the relevant provider of that site and/or any relevant service.cy.
ADVERTISING AND SPONSORSHIP
38. Parts of or all of the Services may from time to time contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that any materials submitted for inclusion on our Services comply with relevant laws, regulations and codes and these Terms. We shall not be responsible for any error or inaccuracy in such advertising or sponsorship materials.
PRIVACY
39. We take your privacy very seriously and are committed to keeping any personal information you provide to us safe and secure, as required under data protection law (including the General Data Protection Regulation (“GDPR”)).
40. YOU MAY NOT DIRECTLY OR INDIRECTLY CHARGE USERS SPECIFICALLY FOR ACCESSING OUR CONTENT OR OTHERWISE COMMERCIALISE SUCH CONTENT, NOR ATTEMPT TO RE-SELL OUR CONTENT IN ANY WAY. RSS FEEDS AND/OR WIDGETS AND/OR EMBEDDABLE MEDIA PLAYERS MAY NOT BE USED IN CONNECTION WITH COMMERCIAL ACTIVITIES.
ORDER OF PRECEDENCE
41. If there is any conflict between these Terms and any specific terms appearing elsewhere on our Services relating to specific material (including the Code of Conduct), then the latter shall prevail.
SEVERABILITY
42. If any of these Terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
JURISDICTION
43. The Terms are governed by and construed in accordance with the laws of England and Wales.
DISPUTES
44. Any disputes arising from or related to our Services shall be subject to the jurisdiction of the courts of England and Wales.
Last updated: June 2020