terms & conditions
WEBSITE CONDITIONS OF USE
Use by users (“you”/”your”) of www.LivingEthically.co.uk (“this Site”) constitutes acceptance by you of the following conditions of use, for which you agree to be legally bound to and which take effect immediately on your first use of this Site. PLEASE READ THESE CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. If you do not agree to all of these conditions of use, you may not use this Site.
1. Copyright and Trademarks
this Site is owned and operated by Ethical Earth (EE) and the information and materials appearing on this Site ("the Content") are displayed for personal, non-commercial use only. All software used on this Site and all Content included on this Site (including without limitation site design, text, graphics, audio and video, the selection and arrangement thereof and the underlying source code) is the property of EE or its suppliers and is protected by international copyright laws. ALL RIGHTS RESERVED.
None of the Content may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of the copyright holder. This excludes the downloading of one copy of extracts from this Site on any single computer for personal, non-commercial home use only, provided that all copyright and proprietary notices are kept intact. Modification of any of the Content or use of any of the Content for any purpose other than as set out herein (including without limitation on any other website or computer network) is prohibited. If you breach any of the terms of this legal notice, your permission to use this Site automatically terminates and you must immediately destroy any downloaded or printed extracts from this Site. Requests to republish any of the Content and to use quotations or extracts should be addressed to the Permissions Department at the address set out below.
All trademarks, service marks and logos used on this Site from time to time are the trademarks, service marks or logos of their respective owners.
EE has made every effort to secure (where appropriate) licenses and clearances for all third party intellectual property used on this Site. You may notify EE of alleged intellectual property rights
infringement by contacting EE via getintouch@livingethically.co.uk.
2. Links to third party websites
this Site may from time to time include links to third party Internet websites which are controlled and maintained by others. These links are included solely for your convenience and do not constitute any endorsement by EE of the websites linked or referred to, nor does EE have any control over the content of any such websites. Further, EE has not reviewed all of these third party websites and does not make any representations regarding the availability or content or accuracy of materials on such websites. If you decide to access third party websites through links on these Sites, you do so at your own risk. Your use of third party websites is subject to the terms and conditions of use of those websites.
3. LIABILITY DISCLAIMER
WHILE EE ENDEAVOURS TO ENSURE THAT THE INFORMATION ON THIS SITE IS CORRECT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, EE PROVIDES YOU WITH THIS SITE ON AN ‘AS IS’ BASIS ONLY. YOU ACCEPT THAT ACCESS TO THIS SITE MAY BE SUSPENDED AT ANY TIME AND WITHOUT NOTICE IN THE CASE OF SYSTEMS FAILURE, MAINTENANCE OR REPAIR OR FOR ANY OTHER REASONS WHATSOEVER, INCLUDING FOR REASONS BEYOND THE CONTROL OF EE.
EE MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, RELIABILITY, COMPLETENESS, ACCURACY OR TIMELINESS OF THE CONTENT OR SERVICES AVAILABLE ON THIS SITE OR THAT THE USE OF THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
FURTHER, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THIS SITE) INCLUDING THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS EXCLUDES ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR ANY THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES, OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERPRETATION AND WHETHER IN TORT (INCLUDING WITHOUT NEGLIGENCE) CONTRACT, WARRANTY OR OTHERWISE IN CONNECTION WITH THIS SITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE OR THE CONTENT ON SUCH SITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES (INCLUDING LOGIC BOMBS, TROJAN HORSES, WORMS, HARMFUL COMPONENTS, CORRUPTED DATA OR OTHER MALICIOUS SOFTWARE OR HARMFUL DATA) THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THESE SITES OR YOUR DOWNLOADING OF ANY CONTENT FROM THESE SITES OR ANY WEBSITES LINKED TO THESE SITES. FURTHER, EEL EXCLUDE ALL LIABILITY AND RESPONSIBILITY AS SET OUT ABOVE WHETHER OR NOT EEL IS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
EE ACCEPTS NO RESPONSIBILITY FOR AND GIVES NO WARRANTIES IN CONNECTION WITH ANY MATERIAL POSTED ON THIS SITE BY ITS USERS OR FROM TIME TO TIME FROM ARTICLES WRITTEN BY EXTERNAL CONTRIBUTORS. UNLESS OTHERWISE SPECIFICALLY STATED, THE VIEWS EXPRESSED BY ITS USERS OR EXTERNAL CONTRIBUTORS ARE NOT NECESSARILY THOSE OF EE. EE CANNOT TAKE ANY RESPONSIBILITY FOR THE ACCURACY OF SUCH MATERIAL. FURTHERMORE, EEL RECOMMENDS THAT YOU DO NOT RELY ON SUCH MATERIAL.
TO THE EXTENT PERMITTED AT LAW, EE DOES NOT ACCEPT ANY RESPONSIBILITY FOR ANY STATEMENT IN ANY OF THE CONTENT PUBLISHED ON THESE SITES. YOU MUST NOT RELY ON ANY STATEMENT PUBLISHED ON THESE SITES BY EE WITHOUT FIRST TAKING SPECIALIST PROFESSIONAL ADVICE. NOTHING IN THE CONTENT IS PROVIDED FOR ANY SPECIFIC PURPOSE OR AT THE REQUEST OF ANY PARTICULAR PERSON. TO CLARIFY, EE WILL NOT BE LIABLE FOR ANY LOSS CAUSED AS A RESULT OF YOUR DOING, OR NOT DOING, ANYTHING AS A RESULT OF VIEWING, READING OR LISTENING TO THE CONTENT OR ANY PART OF IT.
NOTHING IN THIS LEGAL NOTICE SHALL EXCLUDE OR LIMIT EE’S LIABILITY FOR:-
(A) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE (AS SUCH TERM IS DEFINED BY THE UNFAIR CONTRACT TERMS ACT 1977); OR
(B) FRAUD; OR
(C) MISPREPRESENTATION AS TO A FUNDAMENTAL MATTER; OR
(D) ANY LIABILITY WHICH CANNOT BE EXCLUSED OR LIMITED UNDER APPLICABLE LAW.
IF YOUR USE OF THE CONTENT ON THESE SITES RESULTS IN THE NEED FOR SERVICING, REPAIRING OR CORRECTION OF EQUIPMENT, SOFTWARE OR DATA YOU ASSUME ALL COSTS THEREOF.
4. Your Use of This Site.
If you have an account with EE then you are responsible for maintaining the confidentiality of this account and any related passwords for your restricting access to your computer. You agree to accept responsibility for all activities that take place under your account and/or passwords.
Other than personally identifiable information about you, which is covered under EE’s privacy policy any
contributions, submissions or material ('this material') you transmit or post to this Site shall be considered non-confidential and non-proprietary. EE shall have no obligations with respect to this material. EE and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use this material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. You may place this material on this Site where and as permitted by EE from time to time. EE does not monitor, approve, endorse or exert editorial control over this material posted by you and its users and does not therefore accept responsibility for or make any warranties in connection with or recommend that you or any third party rely on such material. You warrant this material is your own original work and that you have the right to allow EE to use it in the ways specified above. Furthermore, you warrant this material is not defamatory nor unlawful and you agree to indemnify EE against all legal fees, damages and other expenses that may be incurred as a result of your breach of these warranties. EE reserves the right to remove any such material from this Site without warning and to inform and give assistance to the relevant bodies in respect of any transgressions. Where we assume editorial control from time to time, we may decide to reject or amend submissions at our absolute discretion. If you do not wish to grant EE the rights and warranties as set out above, then please do not submit this material to us.
You agree not to inhibit or prevent the rights of other users to participate in and enjoy the use of this Site. Prohibited behaviour includes but is not limited to the following:-
You are prohibited from posting or transmitting to or from this Site any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, libel to incited racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other Country in the world; or
(d) which is technically harmful (including without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); or
(e) which facilitates your misuse of these Sites (including, without limitation, hacking)
EE shall fully co-operate with any law enforcement authorities or court order requesting or directing EE to disclose the identity or locate any one posting any material in breach of the above prohibitions.
WHERE YOU PARTICIPATE IN OUR COMMUNITY ACTIVITIES, such as commenting in blogs or posting on the message boards ('our services') hosted on these sites, the following rules apply to your use and posts in conjunction with the conditions of use of these sites as outlined above and elsewhere:-
(a) IF YOU ARE UNDER 16 YEARS OF AGE - you should seek consent and guidance from a parent or legal guardian before using our services.
(b) NO NASTINESS - your posts must be civil and tasteful and unlikely to cause offence, disruption or curtail the enjoyment to other users of our services.
(c) NO BAD LANGUAGE - people of all ages may use our services and so bad/foul/vulgar language or language likely to cause offence to other users is strictly prohibited including the use of asterisks to hide swear words or phrases, e.g ****
(d) No UNLAWFUL BEHAVIOUR - as detailed (a) to (e) above.
(e) NO SPOILING - the use of multiple logins, irrelevant postings, unreasonable multiple postings, misuse of complaint proceedures or other spoiling techniques designed to disrupt the use of our services and ruin the enjoyment of others is not allowed and action may be taken against you and your account.
(f) EVERYBODY HAS THE RIGHT TO AN OPINION - using posts to disrespect others or using 'name calling' because they hold a different opinion to your own is not allowed. Debating should be fair and non-personal.
(g) STRICTLY NO ADVERTISING OR SPAMMING - the use of spamming techniques or advertising is strictly prohibited.
(h) ONLY REAL NAMES ALLOWED - No impersonation or the use of nick-names is allowed. Users must use their real names when posting to our services.
(i) POSTINGS MUST BE IN ENGLISH ONLY.
(j) POINTERS TO OTHER WEBSITES MUST BE RELEVANT - directing other users to external websites is only allowed where it is relevant to the topic under discussion, and only where these external websites DO NOT contain material likely to breach the above rules or our conditions of use. e.g. carry unlawful or adult content.
(k) YOU HAVE COPYRIGHT OVER YOUR POSTINGS - you agree to post material that is your own original work, as detailed in the warranties above.
(l) YOU AGREE THE VIEWS EXPRESSED IN OUR SERVICES ARE THOSE OF THE USERS OF THESE SITES AND ARE NOT NECESSARILY THOSE OF EE.
If you breach these rules and/or our conditions of use:-
If you breach the rules of use of our services or the conditions of use of this Site you will be sent an e-mail which explains how such a breach has occured and if applicable it will include a warning with regards to your future conduct.
EE reserves the right to take what it deems is appropiate action against breaches of its rules and conditions of use up to the full extent permissable by law. Furthermore, EE reserves the right to delete any posting, or take action against any account, at any time, for any reason and at our sole discretion in consultation or otherwise with law enforcement agencies or third parties of our choosing.
5. Indemnity
You agree to indemnify and hold EE, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of the Content of these Sites in a manner that violates or is alleged to violate these terms of use. EE shall provide notice to you promptly of any such claim, suit, or proceeding, and shall reasonably co-operate with you, at your expense, in your defence.
6. Force Majeure
EE will not be liable for any delay or failure in performance or interruption of the delivery of the contents of this Site resulting directly or indirectly from any cause or circumstances beyond its reasonable control, including but not limited to failure of equipment or communication lines, telephone or other interconnect problems, computer viruses (including logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data), unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes, or other labour problems, wars or governmental restrictions.
7. Severability and Waiver
If any provision of these terms of use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms of use, which shall remain in full force and effect.
No waiver of any of these terms of use shall be deemed a further or continuing waiver of such term or any other term.
8. Access outside England
EE is based in England. Access to the Content of this Site may not be legal by certain persons or in certain countries. If you access this Site from outside England you do so at your own risk and are responsible for compliance with the Laws of your jurisdiction. Recognising the global nature of the Internet, you agree to comply with all local rules regarding on line conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Country in which you reside.
9. Jurisdiction
Unless otherwise agreed in writing by EE, these terms of use are governed by, and construed in accordance with English Law. Further, unless otherwise agreed in writing by EE, you irrevocably agree that the Courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these terms of use or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English Courts.
10. Advertisements
This site may contain advertisements by third parties, and these advertisements may contain links to other websites. Unless otherwise specifically stated, EE does not endorse any product or make any representation regarding the content or accuracy of any materials contained in or linked to any advertisement on this site.
11. Changes to these conditions of use
EE reserves the right at its sole discretion to add to or change these conditions of use. Any changes will be posted to this page and it is your responsibility as a user to ensure that you are aware of any such changes from time to time. Changes will become effective 24 hours after first posting and you will be deemed to have accepted any change if you continue to access this Site after that time.
12. User information
EE collects information on what pages are accessed or visited by you. EE uses this information for internal review, in order to improve the content of this Site. EE guarantees that if you supply your postal address on-line you will only be sent the information, goods or service for the purpose for which you provided your address. Without prejudice to the above, EE shall at all times process your information obtained via your access and use of this Site in accordance with its privacy policy.
13. Our contact details
If you have any questions about these conditions of use and/or this Site and/or EE generally, please contact us by sending an e-mail to getintouch@livingethically.co.uk.
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