Terms and Conditions
Last updated February 28, 2022
AGREEMENT TO TERMS
We are registered in the United Kingdom and have our registered office at 28-30 Little Russell Street, London WC1A 2HN.
Supplemental terms and conditions or documents that may be posted on the Site from time to time which may also apply to you, including:
Any provision of goods or services by us will be covered by a separate contract in each case.
The information provided on the Site 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 us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. We do not represent that content available on or through our Site is appropriate for use or available in these locations.
The Site is intended for users who are at least 13 years old or the age of majority in your jurisdiction. Persons under this age are not permitted to use or register for the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, Zero100 or its third party licensors are the owners of all intellectual property rights in the Site and in all materials published on it (except your Contributions – see clause 6 (User Generated Contributions)) including all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, articles, webinars, research publications, podcasts, interviews, newsletters and all other Site content created, developed, compiled or commissioned by Zero100(collectively, the “Zero100 Content”) and the trademarks, service marks, and logos contained and/or displayed therein (the “Marks”). The Zero100 Content and the Marks are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international intellectual property rights laws, and international conventions. Without prejudice to clause 13 (Disclaimer, Exclusions and Limitations of Liability), the Zero100 Content and the Marks are provided on the Site “AS IS” for your information and personal use only.
We reserve all rights not expressly granted to you in and to the Site, the Zero100 Content and the Marks.
3. USER REPRESENTATIONS
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your access to the Site and/or your account (as applicable), and refuse any and all current or future use of the Site (or any portion thereof).
You agree that it is your responsibility to install anti-virus software and related protections against viruses or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computers functionality or operation which may be transferred to your computer via this Site.
4. USER REGISTRATION
5. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
- trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
- circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Zero100 Content or enforce limitations on the use of the Site and/or the Zero100 Content contained therein;
- disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
- use any information obtained from the Site in order to harass, abuse, or harm another person;
- make improper use of our support services or submit false reports of abuse or misconduct;
- use the Site in a manner inconsistent with any applicable laws or regulations, or for illegal or unauthorised purposes;
- engage in unauthorised framing of or linking to the Site;
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other malicious or harmful material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
- engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
- delete the copyright or other proprietary rights notice from any Zero100 Content;
- attempt to impersonate another user or person or use the username of another user;
- upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
- interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
- harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
- attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
- except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
- except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorised script or other software;
- use a buying agent or purchasing agent to make purchases on the Site.
- make any unauthorised use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences; or
- use the Site as part of any effort to compete with us or otherwise use the Site and/or the Zero100 Content for any revenue-generating endeavour or commercial enterprise.
6. USER GENERATED CONTRIBUTIONS
Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit will be considered non-confidential and non-proprietary.
When you create or make available any Contributions, you thereby represent and warrant that:
- the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the intellectual proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights, of any third party;
- your Contributions:
- do not contravene the requirements of clause 5 (“Prohibited Activities”) above;
- are not false, inaccurate, or misleading;
- are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
- are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us);
- do not ridicule, mock, disparage, intimidate, or abuse anyone;
- are not used to harass, harm or threaten any other person and to promote violence against a specific person or class of people;
- do not violate any applicable law, regulation, or rule;
- do not violate the privacy or publicity rights of any third party;
- do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
- do not include any offensive comments that are discriminatory, including comments connected to race, national origin, gender, sexual preference, or physical handicap; and
You shall indemnify us in full and on demand for any breach of the above warranties and representations in accordance with clause 14 (Indemnification).
7. CONTRIBUTION LICENCE
We do not assert any ownership over your Contributions (other than any Marks or Zero100 Content featured therein), unless our (or any of our affiliates’) ownership of such Contributions, or any part thereof, is provided for in any other agreement between us (or any of our affiliates) and you. We shall own the intellectual property rights in and to any derivative works of any Contributions created by us or on our behalf.
WE ARE NOT LIABLE FOR ANY STATEMENTS OR REPRESENTATIONS IN YOUR CONTRIBUTIONS PROVIDED BY YOU IN ANY AREA ON THE SITE. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, prepare derivative works of, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sub-licences of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This licence will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We have the right, in our sole and absolute discretion: (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
8. THIRD-PARTY WEBSITE AND CONTENT
9. SITE MANAGEMENT
11. TERM AND TERMINATION
We may terminate your use or participation in the Site or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
12. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the Site or the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site.
WE CANNOT GUARANTEE THE SITE, OR THE CONTENT ON IT, WILL BE AVAILABLE OR UNINTERRUPTED AT ALL TIMES. WE MAY EXPERIENCE HARDWARE, SOFTWARE, OR OTHER PROBLEMS OR NEED TO PERFORM MAINTENANCE RELATED TO THE SITE, RESULTING IN INTERRUPTIONS, DELAYS, OR ERRORS.
We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
13. DISCLAIMER, EXCLUSIONS AND LIMITATIONS OF LIABILITY
We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. The remainder of this section is subject to this first paragraph. Any provision of goods or services by us will be covered by a separate contract in each case and different limitations and exclusions of liability will apply to these (as set out in the applicable separate contract).
THE SITE AND INFORMATION ON THE SITE (INCLUDING THE ZERO100 CONTENT AND THE MARKS) IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS AND IS PROVIDED FOR GENERAL INFORMATION ONLY. IT IS NOT INTENDED TO AMOUNT TO ADVICE ON WHICH YOU SHOULD RELY. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK
TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OR ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE (INCLUDING THE ZERO100 CONTENT AND THE MARKS) AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE (INCLUDING THE ZERO100 CONTENT AND THE MARKS) OR THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE.
15. USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT WE SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSS OR CORRUPTION OF ANY SUCH DATA, AND YOU HEREBY WAIVE ANY RIGHT OF ACTION AGAINST US ARISING FROM ANY SUCH LOSS OR CORRUPTION OF SUCH DATA.
We may assign any or all of our rights and obligations to others at any time..
17. GOVERNING LAW
18. CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Z100 Community Limited
28-30 Little Russell Street