Please read these Terms of Service (collectively with our Privacy Policy, the “Terms of Service”) fully and carefully before using this site (the “Site”) and the sites, services, products, features, content, applications, or other material offered by Sighbrow (“Sighbrow”, “we”, “us”, or “our”) (together with the Site, the “Services”). These Terms of Service set forth the legally binding terms and conditions for your use of the Site and the Services. To contact us, please contact us on Twitter @sighbrow.

By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service (including, for clarity, the Privacy Policy) and all other operating rules, policies, and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.

Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference. These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered, or otherwise.

1. ACCOUNT

Some areas of the Site and/or Services may require you to register with us. When and if you register, you agree to (a) provide accurate, current, and complete information about yourself as prompted by our registration form and (b) maintain and update your information to keep it accurate, current, and complete; you agree not to (c) select or use as a username a name of another person with the intent to impersonate that person, (d) use a name subject to any rights of a person other than you without appropriate authorisation, and (e) use a name that is otherwise offensive, vulgar, or obscene. You acknowledge that should any information provided by you be found to be untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this agreement with you and your use of the Site and/or Services.

We reserve the right to access your account created on this Site, the information that you have provided, and the data that you have stored with us for support, maintenance, and servicing purposes or for any security-related, technical, or billing reasons.

You agree that you will create, access, and/or use only one user account, unless expressly permitted by us, and you will not share access to your account, for any of the Services or otherwise, or access information for your account, with any third party. If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You should never publish, distribute, or post login information. You shall have the ability to delete your account, either directly or through a request made to one of our employees or affiliates. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.

It is your responsibility to maintain the confidentiality of your account information and password and to protect the personal data. You are also responsible for promptly notifying us of any known or suspected unauthorized use or details of account, breach of your account information, or use, acquisition, or viewing of any Services from this Site. We will not be liable for any losses or damages that you may incur as a result of someone else using your username or password, either with or without your knowledge, unless we have caused such losses or damages intentionally or with gross negligence.

2. CHANGES

We amend these terms from time to time. Every time you wish to use our Site and/or Services, please check these terms to ensure you understand the terms that apply at that time. We may update and change our Site from time to time to reflect changes to our products, our users’ needs, our business priorities, or otherwise. We do not guarantee that our Site and/or Services, or any content on it, will always be available or be uninterrupted. We reserve the right, in our sole discretion, to modify, suspend, withdraw, or restrict the availability of all or any part of our Site and/or Services at any time. We will try to give you reasonable notice of any suspension or withdrawal. You are responsible for ensuring that all persons who access our Site and/or Services through your internet connection are aware of these Terms of Service and other applicable terms and conditions, and that they comply with them. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

3. MATERIAL

Licences

Except as otherwise stated, all rights, titles, and interest in our Site and Services, and/or any content and intellectual property rights contained, are the exclusive property of us. We are the owner or the licensee of all intellectual property rights in and from our Site and Services. Subject to this agreement, we grant you a limited, revocable, non-exclusive, non-transferable, and non-assignable license to use the Site or Services for personal use subject to the terms of this agreement. You hereby agree not to resell any part of the service to other parties. You may not copy, distribute, or otherwise use our Site or Services in any other way as set out in this section. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. The downloadable content is for your use only and if you copy or download any information from this Site, you agree that you shall not remove or obscure any copyright or other notices contained in any such information. All Services are provided only for personal, non-commercial use. Using the Services does not give you any intellectual property rights. You agree not to copy, republish, frame, transmit, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Services. Our status (and that of any identified contributors) as the authors of materials on our Site and/or Services must always be acknowledged (except where the content is user-generated). If you print off, copy, or download any freely accessible part of our Site or Services in breach of these Terms of Service, your right to use our Site and/or Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

You shall not use the Site or Services, including in conjunction with, any device, system, or service designed to circumvent any deployed technological measures, in an attempt to control access to, or the rights in, a content file or other work protected by intellectual property laws.

Any breach of the above shall constitute a material breach of this agreement and shall prompt us, at our own discretion, to immediately suspend or terminate your right to access the Site and/or Services. Any breach of this clause shall make you liable for damages suffered by us.

Payments

Certain of our Services may be subject to payments now or in the future, and which may be under different payment plans. If you purchase a paid service, you are responsible for paying the applicable fees charged by or for us and the applicable taxes in a timely manner in accordance with the payment mechanism applicable to the respective paid service. We reserve the right to change the price of any products or services at any time at our sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant service. Fees may vary based on your location and other factors.

We may use a third-party payment processor to bill for use of certain Services. The processing of payments will be subject to the terms, conditions and privacy policies of the payment processor in addition to these Terms of Service. We are not responsible for error by the payment processor. By choosing to use paid Services, you agree to pay us, through the payment processor or otherwise, all charges at the prices then in effect for any use of such paid Services in accordance with the applicable payment terms and you authorise us, through the payment processor, to charge your chosen payment provider. You agree to make payment using that selected payment method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen payment method. If we, through the payment processor, do not receive payment from you, you agree to pay all amounts due upon demand.

We may accept payments in cryptocurrencies. The cryptocurrencies we accept will be displayed on the Site. All cryptocurrency transactions will be handled through a payment gateway used by us and with which you will deal directly. Only cryptocurrency payments we specify as approved will be credited towards a purchase. Before you can pay with cryptocurrency, you will need to ensure your wallet has a sufficient amount of cryptocurrency. When you get to the payment option screen you will be presented with the various ways you can pay. If you choose to pay using cryptocurrency then you will be taken to the payment page of the payment gateway which allows you to select the applicable cryptocurrencies.

Downloads and external links

In the case of digital downloads, which are under a unique category within the Consumer Contracts Regulations and are therefore not services or goods, you will not be entitled to a return or receive a refund from payment. If you choose to pay for digital content (therefore downloading it within 14 days of purchasing it), you consent to waiving the 14-day cooling-off period. Though if you encounter technical fault, please contact us.

We use reasonable care and skill to ensure that linked material is free from error, but where our Site and/or Services contain links to other sites and resources provided by third parties, these links are provided for your information only. These other sites, contents, or resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. While we are committed to curating secure and reliable information, we are not responsible for the security of any information outside of our control. Use of any such linked material is at your own risk. For example, we shall have no liability for interruptions or omissions in internet, network, or hosting services. Or, changes in the destinations, natures, or functions of those sites or resources that our Site and/or Services reference. We disclaim any responsibility or liability related to your access or use of, or inability to access or use, such third-party content.

Purposes

You must not use any Services on our Site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy, or download any part of our Site in breach of these Terms of Service, your right to use our Site and/or Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

The content or other material on our Site or across our Services is not intended to amount to advice, legal, tax, investment, financial, or otherwise, on which you should rely. We are not a broker, financial institution, or creditor. Neither the Services nor any information provided by us constitute a solicitation, recommendation, endorsement, or offer by us or any third-party service provider to make.

You can obtain further professional or specialist advice before taking, or refraining from, any action based on the content on our Site and/or Services. Although we make reasonable efforts to update the information on our Site and/or Services, we make no representations, warranties or guarantees, whether express or implied, that our and/or Services are complete or up to date.

4. ‘AS IS’

Some of the information on or downloadable from the Site or available through use of Site-related services is derived from information which is publicly available on the internet. As such, we are not responsible for the accuracy or completeness of such information, and such information is provided ‘as is’. You acknowledge that the Site and/or Services could include inaccuracies or errors or materials that violate these Terms of Service. Additionally, you acknowledge that unauthorized additions, deletions, and alterations could be made by third parties to the Site. Although we attempt to ensure the integrity and the accuracy of the Site and/or Services, we make no guarantees whatsoever as to the Site’s completeness or correctness. In the event that such a situation arises, please contact us.

Other than for the express warranties of this agreement, we make no further warranties, whether expressed or implied, and disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or other violation of rights. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the Services within our Site and/or Services or otherwise relating to such materials or on any third-party sites or resources linked within our Site that such will be error-free or provide certain results.

In the event that you have a dispute with one or more Site users, linked, referenced or otherwise parties you release us (and our subsidiaries, affiliates, agents, and employees) from all claims, demands, and damages (actual and consequential, direct and indirect) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes. You acknowledge that there may be certain risks, including but not limited to the risk of physical harm and of dealing with strangers, underage persons or people acting under false pretences, associated with pursuing relationships begun on the internet. You assume all risks related to dealing with other users, linked, referenced or otherwise parties with whom you have had contact through the Site and/or Services.

Neither us nor our subsidiaries, affiliates, suppliers, advertisers, agents, or sponsors are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive, or other damages under any contract, negligence, strict liability, or other theory arising out of or relating in any way to the Site and/or Services. Your sole remedy for dissatisfaction with the Site and/or Services is to stop using the Site and/or Services. The sole and exclusive maximum liability to company for all damages, losses, and causes of action (whether in contract, tort, including, without limitation, negligence, or otherwise) shall be the total amount paid by you, if any, to access the Site and/or Services.

5. DIGITAL ARTWORK

Except as permitted by law, you must not reproduce, distribute, transmit, disseminate, create derivate works of, perform, display, or otherwise use in any way any material (or part thereof) on our Site or obtained via our Services other than the digital artwork that you acquire. Subject to your continued compliance with these Terms of Service, we grant you a worldwide, royalty-free license to display purchased digital artwork, along with any extensions that you choose to create or use, solely for the following purposes:

• For your own personal, non-commercial use;
• As part of a marketplace that permits the purchase and sale of your digital artwork, provided that the marketplace cryptographically verifies each owner’s rights to display the digital artwork to ensure that only the actual owner can display the digital artwork; or
• As part of a third-party site or application that permits the inclusion, involvement, or participation of your digital artwork, provided that the third party cryptographically verifies each digital artwork owner’s rights to display the digital artwork to ensure that only the actual owner can display it, and provided that it is no longer visible once the owner leaves the site/application. We and our officers retain the right to revoke personal use rights and licenses if the usage is determined to be obscene, illegal, detrimental to the community, or detrimental to our brand or that of our affiliates.

If your use of the Site and/or Services breaches these Terms of Service, your right to use our Site and Services will cease immediately and you must, at our option, return or destroy any copies or other infringing material so created.

You acknowledge that your purchase of the digital artwork means you have full ownership rights in the digital artwork itself, including the right to store, sell, and transfer your digital artwork. However, your purchase of a digital artwork from us or any third party does not provide any rights, express or implied, in (including, without limitation, any copyrights or other intellectual property rights in and to) the digital artwork associated other than the right to copy and display the digital artwork for your own personal, non-commercial use.

We are not responsible or liable if the digital artwork associated becomes inaccessible to you for any reason, or for any modifications or changes to the digital artwork that someone other than us may make, including the deletion of the digital artwork.

You acknowledge that digital artworks can be copied and distributed and that we cannot guarantee that there will not be multiple copies of a digital artwork associated.

You acknowledge that we can make additional copies of, and distribute, the digital artwork and could sell or otherwise assign the copyright or other intellectual property rights or economic rights in the digital artwork.

Whilst you are permitted to sell, transfer, or trade the digital artwork, you do not have the right to use the digital artwork for commercial purposes including, without limitation, to do any of the following for commercial purposes:

• Reproduce the digital artwork or make or sell copies of it;
• Modify the digital artwork or create derivate works of it;
• Mint, tokenize, or create an additional cryptographic token, including an NFT, representing or associated with the digital artwork; or
• Otherwise exploit the digital artwork for commercial purposes.

Upon your sale or transfer of the digital artwork, or if your ownership of the digital artwork is relinquished for any other reason, your rights and interest in the NFT and the digital artwork associated with it immediately and automatically terminate.

Marketplaces

Digital artwork purchased via our Services may not be compatible with all secondary marketplaces, and we make no guarantee about the availability or functionality of any secondary marketplace. Any on which you sell, trade, or distribute your NFT must include terms of use that limit the acquiror’s rights in the NFT in a manner that is consistent with these Terms of Service. Out Site may include links to other sites or platforms including secondary marketplaces. When you click such link, we may not warn you that you have left our Site and are subject to the terms and conditions and privacy policies of a third-party site. You agree that your use of any third-party site is at your own risk even if we provide links to them from our Site. Such links should not be interpreted as endorsements by us of the third-party sites (for example, that such will support an NFT purchased via our Site or otherwise). We have no control over the contents of those sites and disclaim any liability, and accept no responsibility, for the content of any third-party site referred to or accessed through our Site and/or Services. You acknowledge and agree that we are not a party to any agreement or transaction where you trade on any secondary marketplace an NFT which was initially purchased via our Site, whether or not a commission or fee is received by us as a consequence of the transaction. We are not liable for any loss incurred by you for fees or other amounts not received by you or from any amounts payable by you in connection with any transaction that takes place on secondary marketplaces or on any other third-party sites.

If you become aware of the creation, listing, or buying of assets in violation of any of the terms specified in this section, please contact us.

Experiences

We may introduce interactive experiences (“Experiences”). Users of such shall not, and shall not permit any other person to, access or use the Experiences except as expressly permitted by these Terms of Service. For purposes of clarity and without limiting the generality of the foregoing, the user shall not, except as these Terms of Service expressly permits:

• Copy, modify, or create derivative works or improvements of the Experiences;
• Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Experiences to any person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud, or other technology or service; or
• reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Experiences, in whole or in part. 

Financial

Should our Site offer it, in order to purchase an NFT through our Site, you may need to install a browser extension (for example, MetaMask is a non-custodial digital wallet and service provider that allows you to purchase, store, and engage in transactions using cryptocurrency). Before you apply to purchase an NFT, we may ask you to download the browser extension and to connect and unlock your electronic wallet through your account with them. You may not be able to purchase an NFT from us without completing this process. If you lose access to your digital wallet for any reason, then you may not be able to access your NFT. You must send the cryptocurrency to the address that we may provide to you. Since transactions are irreversible on the blockchain, if you make a mistake and your cryptocurrency is sent to the incorrect address, you will lose the cryptocurrency and the order cannot be accepted. It is your responsibility to make sure that you send the cryptocurrency to the correct address. We are not liable or responsible for any sort of failure by you to send the cryptocurrency to the correct address we provide to you.

Use of the Services, including purchasing NFTs may carry financial risk. Transactions executed by smart contracts are irreversible and may be non-refundable. The risk of loss in trading crypto assets, including NFTs, can be substantial. The prices of crypto assets are volatile and fluctuations in the price of crypto assets may materially and adversely affect the value of your NFTs. We do not have any control over the timeframe for confirmation of your transaction. You acknowledge and agree that you will access and use the Site and/or Services at your own risk including the risk that you may lose access to your NFT and digital artwork associated with it indefinitely. We are not liable and accept no responsibility in connection with your use of the Services and transactions facilitated by it.

Risk acknowledgement

These technologies are experimental, including cryptographic systems such as smart contracts, blockchain, NFTs and digital artworks, cryptocurrencies, and decentralized or peer-to-peer networks and systems. You acknowledge and agree that you understand and accept that all such technology is experimental, that there are inherent risks associated with its use, and that we are not liable or responsible for any resultant errors, failures, risks, or vulnerabilities. For example, they could be impacted by regulatory actions, legislation, or proposed legislation or policies which could limit or restrict your ability to access, transfer, or display the digital artwork. You acknowledge and agree that you that understand this risk and that we are not liable or responsible for any error, failures, risks, or vulnerabilities arising out of the use of such.

Smart contracts may be subject to malfunctions, errors, including programming errors, hacking and theft, or changes to the protocol rules which can adversely affect the smart contracts and may expose you to a variety of risks of loss, including the risk of loss of your NFT or cryptocurrency or loss of opportunity to buy an NFT. You acknowledge and agree that you that understand this risk. You acknowledge and agree that once the smart contract has been executed in connection with the purchase of an NFT, it cannot be reversed and therefore there are no refunds. You acknowledge and agree that we are not liable for any of the foregoing or any other attacks, or for any damage, losses or interruptions caused by any viruses that may affect your computer or other equipment, or your wallet. You further acknowledge and agree that such attacks may impact your ability to access the Site and/or Services, and your NFT, your ability to transfer it or access or display the digital artwork.

You acknowledge and agree that transacting with NFTs may expose you to certain regulatory risks, including those relating to the tax treatment of NFTs or cryptocurrencies, and whether NFTs might be deemed securities or another regulated class of assets.

You acknowledge and agree that we will not be liable for the acts or omissions of any such third parties or third-party services, nor will we be liable for any loss or damage that you may suffer as a result of your transactions or any other interaction with any such third parties or third-party services.

You acknowledge and agree that you have obtained sufficient information to make an informed decision to purchase an NFT and fully understand and accept the necessary functions same and any underlying risks.

By making a payment with a cryptocurrency, you acknowledge and agree that we have no liability for your payment not reaching us, including, but not limited to, instances where payment through the blockchain was unsuccessful.

You acknowledge and agree that your purchase of an NFT complies with applicable laws and regulation in your jurisdiction.

You acknowledge and agree that certain information about your transaction, including your digital wallet address, may be publicly available.

6. RESPONSIBILITY

To the maximum extent permitted by applicable law, in no event shall we or our service providers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury or otherwise in connection with any provision of these terms).

We exclude all implied conditions, warranties, representations, or other terms that may apply to our Site and/or Services. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• Use of, or inability to use, our Site and/or Services; or
• Use of or reliance on any content displayed on our Site and/or Services.

In particular, we will not be liable for:

• Loss of profits, sales, business, or revenue;
• Business interruption;
• Loss of anticipated savings;
• Loss of business opportunity, goodwill or reputation; or
• Any indirect or consequential loss or damage.

We only provide our Site and/or Services for domestic and private use. You agree not to use our Site and/or Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow instructions or to have in place the minimum system requirements advised by us.

Personal data

Your personal data will be treated in accordance with our Privacy Policy. You must ensure that all data submitted to us does not infringe copyright, design, privacy, publicity, data protection, trademark, or any other rights of any third party, and is not obscene, abusive, threatening, libellous, or defamatory of any person.

Defamation 

You agree you will not disparage or criticize us or our affiliates, or their respective businesses, management, directors, business practices, or equity holders and that you will not otherwise do or say anything that could disrupt the good morale, or otherwise harm the interests or reputations, of us. 

Relationship

Nothing contained in the Site, Services, or Terms of Service shall be interpreted or construed to create a partnership, agency, single employer, joint employer, or any other type of employment or institutional relationship between the parties hereto, or to impose liability attributable to such relationship upon either party. We have no special relationship with or fiduciary duty to you. Neither party will have any right, power or authority to enter into any agreement on behalf of, to incur any obligation or liability of, or to otherwise bind the other party.

7. ACCEPTABLE USE

This acceptable use policy sets out the content standards that apply when you upload content to our Site, make contact with other users on our Site, link to our Site, or interact with our Site and/or Services in any other way. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our Site will be considered non-confidential and non-proprietary. When you upload or post content to our Site, you grant us the following rights to use that content: a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the service provided by the Site and across different media including to promote the Site or the service or distribute and make it available to third parties. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out in this policy.

You are solely responsible for securing and backing up your content.

Viruses

You are responsible for configuring your information technology, computer programmes, and platform to access our Site and/or Services. We do not guarantee that our Site and/or Services will be secure or free from bugs or viruses. You must not misuse our Site and/or Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site and/or Services, the server on which our Site and/or Services are stored, or any server, computer, or database connected to our Site and/or Services. You must not attack our Site and/or Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site and/or Services will cease immediately 

Linking

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link to our Site and/or Services in any location that is not owned by you without our consent. Our Site and/or Services must not be framed on any other location, nor may you create a link to any part of our Site other than the home page. The location in which you are linking must comply in all respects with the content standards set out in this policy.

If you wish to link to or make any use of content on our Site other than that set out above, please contact us. We reserve the right to withdraw linking permission without notice.

Prohibited uses

You may not use our Site and/or Services:

• In any way that breaches any applicable local, national, or international law or regulation;
• In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
• For the purpose of harming or attempting to harm minors in any way;
• To bully, insult, intimidate, or humiliate any person;
• To send, knowingly receive, upload, download, use, or re-use any material which does not comply with our content standards;
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
• To knowingly transmit any data, send, or upload any material that contains viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
• To upload terrorist content.

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our Site and/or Services in contravention of the provisions of our Terms of Service; and
• Not to access without authority, interfere with, damage, or disrupt:
  • Any part of our Site and/or Services;
  • Any equipment or network on which our Site and/or Services are stored;
  • Any software used in the provision of our Site and/or Services; or
  • Any equipment or network or software owned or used by any third party.

Interactive services

We may from time to time provide interactive services on our Site. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our Site and/or Services, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor, or moderate any interactive service we provide on our Site and/or Services, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

We do not store terrorist content.

Provisions

Our failure to enforce, at any time, any of the provisions, conditions or requirements of the agreement, or the failure to require, at any time, the performance by you of any of the provisions of the agreement, shall in no way waive your obligation to comply with any of the provisions of the agreement or our ability to enforce each and every such provision as written. Any and all waivers by either party hereto of any provision, condition, or requirement of the agreement will only be effective against the other party if it is in writing and signed by an authorised officer of that party, and any such written waiver will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

8. CONTENT

These content standards apply to any and all material which you contribute to our Site and/or Services, and to any interactive services associated with it. These must be complied with in spirit as well as to the letter. The standards apply to each part of any contribution as well as to its whole. We will determine, in our discretion, whether a contribution breaches the content standards.

Contributions must:

• Be accurate (where it states facts);
• Be genuinely held (where it states opinions); and
• Comply with the law applicable in England and Wales and in any country from which it is posted.

Contributions must not:

• Be defamatory of any person;
• Be obscene, offensive, hateful, or inflammatory;
• Bully, insult, intimidate, or humiliate;
• Promote sexually explicit material;
• Include child sexual abuse material;
• Promote violence;
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• Infringe any copyright, database right, or trademark of any other person;
• Be likely to deceive any person;
• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• Promote any illegal content or activity;
• Be in contempt of court;
• Be threatening, abuse or invade another’s privacy, cause annoyance, inconvenience, or needless anxiety;
• Be likely to harass, upset, embarrass, alarm, or annoy any other person;
• Impersonate any person or misrepresent your identity or affiliation with any person;
• Give the impression that the contribution emanates from us, if this is not the case;
• Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation, or instigation of acts of terrorism; or
• Contain any advertising or promote any services or web links to other sites.

For the avoidance of doubt, for contribution in the form of video content:

• You must tell us immediately, if you upload a video containing any criminal material (relating to terrorism, sexual exploitation of children, child pornography, racism, and xenophobia), unclassified or unclassifiable videos, videos rated R18 or suitable for R18 rating, and other material that might impair the physical, mental, or moral development of persons under the age of 18 (restricted material);
• You must not upload a video containing advertising for any of the following:
  • Cigarettes and other tobacco products, electronic cigarettes or electronic cigarette refill containers, and prescription-only medicine; or
  • For alcoholic drinks that are not aimed specifically at under 18s and do not encourage immoderate consumption of alcohol.
• Any advertising included in a video you upload must not:
  • Prejudice respect for human dignity;
  • Include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
  • Encourage behaviour prejudicial to health or safety;
  • Encourage behaviour grossly prejudicial to the protection of the environment;
  • Cause physical, mental or moral detriment to persons under the age of 18;
  • Directly exhort such persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;
  • Directly encourage such persons to persuade their parents or others to purchase or rent goods or services;
  • Exploit the trust of such persons in parents, teachers or others; or
  • Unreasonably show such persons in dangerous situations.
• You must not upload a video containing harmful material; and
• You must use the functionality provided on our Site to declare whether, as far as you know or can reasonably be expected to know, any video contains advertising.

This Site and/or Services may include information and materials uploaded by other users of the Site and/or Services, including to boards and chats. This information and these materials may not have been verified or approved by us. The views expressed by other users on our Site and/or Services may not represent our views or values. We welcome your ideas, feedback, comments, and suggestions about the service. By submitting such you grant us the right to use your feedback without any restrictions or compensation to you.

9. BREACH

When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate. Failure to comply with this this policy constitutes a material breach of the Terms of Service upon which you are permitted to use our Site and/or Services, and may result in our taking all or any of the following actions:

• Immediate, temporary, or permanent withdrawal of your right to use our Site and/or Services;
• Immediate, temporary, or permanent removal of any contribution uploaded by you to our Site and/or Services.
• Issue of a warning to you;
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• Further legal action against you; or
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate. We can transfer our rights and obligations under these terms to any third party, provided this does not adversely affect your rights under these terms. If you are a consumer, please note that these Terms of Service, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you are a business, these Terms of Service, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.