Terms of Service | EuroLead

Last Updated: 1 February 2022

1. INTRODUCTION TO THESE TERMS OF USE (“Terms”)

1.1 Important Notice. These Terms, together with our Privacy Policy (collectively, “Agreement”), govern your access to and use of this website, Euro-Lead.com (this “Site”) and all products and services available thereon.

1.2 Legally binding. READ THESE TERMS CAREFULLY BEFORE USING OUR SITE AS USE OF THE SITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THE SITE OR ANY OF OUR SERVICES IF YOU DO NOT ACCEPT THESE TERMS.

1.3 About our Services. We offer various services and tools designed specifically for recruiters and HR specialists who are seeking to make contact with business professionals for employment purposes, or to obtain industry, market or competitor analysis including through this Site, or through other tools, which we make available to our Users (defined below), including access to our contacts search engine known as the Prospects Database and various tools such as our browser extensions and APIs (“Tools”) The main purpose of our services is to provide accurate contact information when Users are seeking to communicate B2B with professionals. Our Prospects Database contains information related to Professional Individuals (defined below) and has been curated and indexed from publicly available sources across the internet, or in combination with data sourced from third parties or Users. Any reference to any of these services of ours, and to our Site, is collectively referred to as our “Services” in this Policy.

1.4 About us. You are entering into this Agreement with EuroLead , Golden Dragon Avenue, No. 88B, Unit 12 Peking District, 100123 BEIJING CHINA (“EuroLead/we/us/our”).

1.5 You, as a party to this Agreement. When we refer to “you” we mean, you, if you are a visitor to our Site, a Professional Individual whose details appear in our Prospects Database, or you are a User, making use of our Services. Specifically:

(a) ‘User’ means you, if you are a person acting in a business capacity who has created an Account with us for the purposes of using our Services.

(b) ‘Professional Individual’ means you, if you are an individual who we have collected information about (including some personal data) from various public sources on the web, in order to index those individuals in our Prospects Database to enable the individual’s publicly available contact information to be made available to our Users.

(c) ’Site Visitor’ means you, if you are not considered a User, but are any other person who is accessing or otherwise making use of our Services, including this Site (including a Professional Individual). If you are a Professional Individual and you visit our Site for any reason (for example to view any Professional Profile or our contact information page), the provisions throughout these terms related to Site Visitors are deemed to also apply to you in that context.

(d) ‘Applicant’ means you if you are a Site Visitor who submits an application through our Services for a Listing, as described in more detail in clause 8.

1.6 Children. The Services are not aimed at anyone under the age of 18 years, and you warrant that, by using this Site and any Services, that you are aged over 18 or the appropriate age of legal capacity of the country in which you reside.

1.7 Changes. WE RESERVE THE RIGHT TO AMEND THESE TERMS AND ANY DOCUMENT REFERRED TO AT ANY TIME. YOU ARE EXPECTED TO CHECK THIS PAGE AND ITS LINKED PAGES FROM TIME TO TIME TO TAKE NOTICE OF ANY CHANGES WE MAKE AS THEY ARE BINDING ON YOU. SOME OF THE PROVISIONS CONTAINED IN THESE TERMS OF USE MAY ALSO BE SUPERSEDED BY PROVISIONS OR NOTICES PUBLISHED ELSEWHERE ON OUR SITE. Your continued use of any Services shall constitute your continued acceptance of applicable Terms.

1.8 Additional terms relevant to Users. We may enter into additional agreements with you for bespoke or customised products or services, and terms of those B2B agreements will apply in addition to these general terms when you are accessing or using our Services.

1.9 Understanding our Prospects Database. Our Prospects Database contains information about Professional Individuals that has been sourced from publicly available web data, third party sources, or Users. As a part of building this database, we may create Professional Profiles, which is a profile of a Professional Individual visible on our Site, or through our Services. Only Users will have access to all information contained in such Professional Profiles and all such information is referred to herein as Professionals Data. If you are a Professional Individual and you have become aware (either through ourselves or by some other means) that we hold a Professional Profile of you, you may request to access all the personal data we hold about you, correct it, delete it and opt out of us processing such personal data, as explained in our Privacy Policy. A quick link to opt-out of us processing your information and to delete your Professional Profile is available here.

1.10 Publicly indexed content. Any content that our Site has indexed from publicly available information, much like other search engines, is not within our direct control as we do not host that content. If your data is controlled by third parties and indexed by us, you will need to contact the original source of that data.

2. PROVIDING OUR SERVICES TO YOU

2.1 Applicable to Users. Our Services are available to Users, in a business capacity. If you are a business professional purporting to represent an entity or organization in this agreement, you thus warrant and assert through your creation of an account or use of any Services, that you have been authorized to agree to the provided Terms and to form a binding contract with us (for such cases, every reference to “you” and “your” in the Terms, with an exception of this paragraph, will concern that entity or organization which you have entered into this agreement on behalf of).

2.2 Right to alter, suspend or discontinue the Services. We may alter, modify, suspend or discontinue the Site, Services or any part thereof at any time.

2.3 No guarantee. No guarantee. Nothing in these Terms or within any content of the Services, or communication with us, should be deemed to imply any guarantee or promise of successful hiring or employment of any kind. We do not endorse any specific recruiter, employers or candidates.

2.4 Right to refuse. We have the right to refuse access, service or disable User accounts on our Site at any time for any reason or no reason without notice, explanation or liability of any kind.

2.5 Errors. You understand that the Site may contain typographical errors or other inaccuracies and that you are not relying on any statement made on the Site, Services or in communications when making decisions on your use of the Services.

3. USER ACCOUNTS

3.1 Users will require to create an account to enjoy the Services. All personal data will be handled in accordance with our privacy policy. You should keep your account details private and secure.

3.2 Your account is for your use only for the Permitted Purpose (see 4.1 below to understand what this means). You may not authorise others to use your account or attempt to use another user’s account without first obtaining their consent. you must not assign or otherwise transfer your account to any other person or entity.

3.3 You are solely responsible for your own actions and those of anyone using your account, and you assume all liability regarding any account activities through the Services and your or anyone using your account’s interactions with us, our personnel, or any other User, Site Visitor, Professional Individual or Applicant of the Services.

3.4 You are responsible for providing all personal computer and communications equipment necessary to gain access to the Service and we do not warrant that the Services will be compatible with any and all devices you may be using to access the Services.

3.5 You are solely responsible for ensuring that your account, and any use of the Prospects Database, Tools, or Services, is in compliance with any applicable privacy laws and regulations

4. YOUR USE OF THE SERVICES

4.1 Site Visitors, Professional Individuals and Applicants are permitted to use the Services for personal purposes only, and Users are permitted to use the Services for your own internal business purposes (but not for commercial purposes including but not limited to whereby you re-sale or otherwise make profit from any third party by mispresenting the Services as your own, or by selling access to the Services or any content derived therefrom, to any third party or otherwise distributing it, sharing it, displaying it or creating derivative works or aggregating such data) (collectively, “Permitted Purpose”).

4.2 Subject to the provisions of these Terms, we hereby grant you a personal, limited, non-exclusive, non-transferable, non-assignable, fully revocable license to use the Services (including installing any Tools if so applicable) solely for the Permitted Purposes.

4.3 Where a User uses the Tools or otherwise uploads any person’s data or other such content to the Service (“Uploaded Data”), you are doing so with the understanding that the additional warranties at clause 4.4 apply to you, and that you are granting to us a perpetual, irrevocable, worldwide royalty free licence to access and use the User Data for our own commercial purposes including making available, copying, displaying, publishing, distributing or otherwise using the Uploaded Data for our own commercial gain in any way we choose to, at all times in compliance with any applicable laws, and to create derivative works, share, sublicence and otherwise make commercial for profit use of the Uploaded Data in compliance with any applicable laws.

4.4 If you, as a User submit any Uploaded Data to our Services, you hereby warrant and represent that you (a) are acting in compliance with all applicable privacy and data laws worldwide in the event that the Uploaded Data contains any ‘Personal Data’ (as defined in the General Data Protection Regulation (GDPR) or equivalent applicable law) including obtaining all relevant consents and approvals from any individual to which the Personal Data relates; and (b) will not upload any information relating to (i) any person age 17 and under; or (ii) any person of any age’s medical or financial history. You agree to provide evidence of any such consents if so requested. In the event of any enquiry by any person to which the data may relate, if we are required to respond in accordance with any applicable data laws, you may be identified as the source of such data and you understand, accept and agree that we may release your information for such purposes to any individual or regulatory authority exercising rights under any applicable data laws.

4.5 Notwithstanding any other warranties contained within these Terms, where you, as a User, use the Services to view any Professionals Data (as contained within the Prospects Database), or otherwise use our Tools or Services to obtain any Personal Data you warrant and represent that you shall not use any such information or Personal Data for any purpose, or in any way which (a) violates any applicable laws, such as international data privacy laws, including but not limited the GDPR, the UK’s Data Protection Act, or any US state legislation amongst others, or (b) violates any laws relating to marketing and communications in any form including electronic communications, such as the US CAN-SPAM Act, or the EU Privacy and Electronic Communications Directives, or (c) attempts to promote any products, goods or services other than employment opportunities. In respect of the GDPR/UK’s Applied GDPR, if you opt to access and make use of any Professionals Data, you are acknowledging and agreeing that you are a Data Controller as defined in the those regulations.

5. THIRD PARTY CONTENT

5.1 In addition to User generated Uploaded Data, the Services may feature content created or uploaded by other persons, Site Visitors, Applicants, Professional Individuals or Users (“Third Party Content”), or the Site may link to content hosted by third parties. This is particularly important because we index publicly available information and will not have control over any such content.

5.2 We do not conduct any criminal or other identity checks on any person, nor do we involve ourselves in any disputes between you and any other person including a User (unless such dispute involves us being required by law or court order to take steps to remove content for example, in an intellectual property dispute). We are not responsible for anything that you do or say on the site, and we do not systematically monitor the content of the Site. However, if you post something in any area of the Services which allows users to post content, or in any communications with us, and we receive a complaint from a user or third party, or have our own concerns with such content, we have the right to remove it if we believe it is in violation of any law or breaches these Terms of Use, or our Privacy Policy.

5.3 Disclaimer of liability. We assume no responsibility for, the content, privacy policies, or practices of any User, or Third Party Content. In addition, our Site will not and cannot censor or edit the content of any third-party website. You acknowledge that we will not be liable for any and all claims, demands and damages of any kind and nature arising out of or in any way connected from any and all potential liabilities arising from the use of any third-party network, User Generated Content (as defined in clause 6), Uploaded Data or Third Party Content. We cannot guarantee the availability or performance of any third party services used to support the Site. Such third party services may change their operations without notice to us. Therefore, we shall not be liable for any outages, version changes, delivery delays, failures, bugs, or termination of third party network service. Third party networks have their own terms of use, and you must comply with any terms of use provided by any third party network.

6. USER GENERATED CONTENT

Your warranties regarding your User Content

“User Content”

you are solely responsible for the User Content
you own all rights in your User Content (including, without limitation, all rights to the reproduction and display of Your User Submissions) or, alternatively, you have acquired all necessary rights in your User Content to enable you to grant to both use the User Content on our Site, and to grant to us the rights under the license under this clause 6;
You have paid and will pay in full all acquisition fees, rights holder fees, license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Content;
No part of your User Content infringes the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
Any information contained in your User Content is accurate and is not false or misleading; or
Your User Content does not (i) violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); (ii) incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own, unless it is Uploaded Data and complies with all warranties hereunder); or (iii) contain any viruses, worms, spyware, adware, or other potentially damaging programs or files.

User Content is not considered to be either confidential, or proprietary information;
We do not guarantee that you will be able to edit or delete any User Content after you have submitted it;
We are not responsible for any loss, theft, or damage of any kind to any User Content. Further, you agree that we may freely disclose your User Content to any third party absent any obligation of confidence on the part of the recipient (at all times in compliance with our Privacy Policy where any User Content contains any legally protected personal data).

6.3 By sharing User Content, submitting it to the Site, the Services or otherwise making it available to us via the Site or Services, you grant to us an irrevocable, perpetual, transferable, non-exclusive, worldwide, royalty-free license (which may be further sub-licensable to multiple sub-licensees without restriction) to use, perform, and process your User Content (or any modification thereto, or portion thereof), in whole or in part, in any format or medium now known or later developed for any purpose (including without limitation, commercial for-profit purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your User Content or any modification thereto, in whole or in part, into any technology, product, or service. You voluntarily agree to waive all “moral rights” that you may have in your User Content under any applicable laws.

7. GENERAL WARRANTIES AND RESTRICTIONS

are at least 18 years of age, or the appropriate age of legal capacity according to the laws of the jurisdiction you reside in;
own (or have permission to use) any credit or payment card you use to purchase any paid for Services, and have the authority to instruct us (or our/our contracted third-party entity authorized payment processing agent) to charge the credit or payment card according to the purchase you chose (which may include automatically recurring charges until cancelled);
access the Site and use the Services voluntarily and for the Permitted Purposes and you shall not obtain or attempt to obtain money or other benefits from other users, fraudulently or otherwise;
have never been convicted of a felony, or similar criminal conviction in the country in which you reside;
use the Services (and create or use any User Content, Uploaded Data or Third Party Content) in compliance with laws applicable to the country in which you reside and that you have complied with, and will continue to comply with, the laws and regulations of the jurisdiction from which you access the Site or otherwise use the Services;
will only submit accurate and truthful information to us and that you will promptly update any information that you provide that later becomes inaccurate, misleading, or false;
will not share this Site or its contents with a minor or otherwise make the Services available to a minor;
have the right, authority, and capacity to enter into and be bound by these Terms;
be fully responsible for all use of your account and for any actions that take place using your account whether by yourself or any other person using your account;
are not located in a country where access to, or use of our Services, may be prohibited or restricted by local laws;
will not violate any applicable local, state, national or international law; and
will not use the Site or Services for any activity, or create or upload to our Services any User Content, Uploaded Data or Third Party Content, which infringes upon the intellectual property rights or personal privacy rights of any third party anywhere in the world.

7.2 Any other use of this Site and the Services beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this Website. Unauthorized use of this Site may result in violation of various international copyright laws and regulations and we reserve all rights in that regard.

for any public or commercial purpose which includes use of this Site or its data or contents, on another site or through a networked computer environment;
in a manner that modifies, publicly displays, publicly performs, reproduces or distributes any part of this Site or the Services in whole or part;
in any way that violates, or has the potential to violate, any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
to stalk, harass, or harm another individual, or collect, use or store personal data about other users without their consent by any method including, but not limited to, through the use of scripts, bots or web crawlers or scraping of any kind;
to impersonate any person or entity or otherwise misrepresent affiliation, connection or association with, any person or entity;
to, or attempt to, interfere or disrupt networks connected to the Services or with the proper functioning of the Services including, without limitation, submitting a virus to the Services, overloading, flooding, spamming, mail bombing or crashing or otherwise attempting to deny service to the Site, Services or the server of any user
to use, or attempt to use, any data mining, robots, or similar data gathering or extraction methods in connection with this Site;
to, or to attempt to, gain unauthorized access to any portion of this Site, or Services, or any other accounts, computer systems, or networks connected to the Services whether through hacking, password mining, or any other means, or attempting to cause technical harm by any means including without limitation computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data;
to, or to attempt to, probe, scan or test the vulnerability of the system or network or to breach the security or authentication measures of the site without proper authorization;
by forging headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted through the Services;
for disclosing or seeking to disclose any personal or confidential information of any person or organisation without first obtaining their consent or solicits another person’s personal information for commercial or unlawful purposes;
for the promotion or enabling of racism, bigotry, hatred or physical harm, illegal or unlawful activities, is defamatory, inaccurate, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, inflammatory, blasphemous, in breach of confidence, in breach of privacy, harms minors in any way (a minor being a person aged under 18) or which may cause annoyance or inconvenience;
to deliberately mislead us or any other person or organisation, or act fraudulently;
for any activity which is in breach of intellectual property laws and rights afforded to rights owners such as by your use of copyrighted content (such as music, videos, photographs, images etc),trademarks, patents, trade secret or other proprietary information, without first obtaining (and providing evidence to us of) consent from the rights owner;
to advertise or solicit any person to buy or sell any products or services including but not limited to uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, affiliate marketing codes, link referral code or any other form of commercial solicitation;
infringing or violating any third party’s rights, including intellectual property rights, anywhere in the world; or
for any other purpose which we deem to be unacceptable and damaging, or potentially damaging, to any third party, other user of the Services, us, our affiliates, the Site, or the Services in any way including causing any physical or reputational or other intangible harm.

8. TERMS SPECIFIC TO POSTING OF JOBS AND APPLICANTS FOR JOBS LISTED

8.1 If you are visiting the Site to apply for any job listing vacancy, you are defined in this section as an “Applicant”. If you are a User or other party posting a vacancy, you are defined here as a “Job Poster”. A “Listing” is a job vacancy posted by a Job Poster on the Services, including the Site.

8.2 Job Posters (i) acknowledge that the warranties detailed in clauses 7.1 and 7.3 shall apply to any Listing and (ii) further warrant that Listings will be accurate, not misleading, in compliance with all local labour laws, and not be for any role that is targeted at a minor, or is for a role which is in any way illegal or would bring us into disrepute.

8.3 Applicants and Job Posters understand and agree that we have no liability for the content of any Listing, or any dispute between any Applicant and Job Poster. The relationship of Applicant and Job Poster exists solely between said parties; we simply provide a platform for the display of such Listings.

8.4 Applicant understands that when submitting an application for a Listing, your information may be transmitted to the Job Poster who may contact you directly about your application. This may include CVs or associated files, and may occur over the internet when being transmitted, and you expressly agree to this transmission, including unencrypted over the internet transmission. Applicants, it is your sole responsibility to ensure that the employer/recruiter are licensed, certified, insured, bonded to the extent that you require.

8.5 Unless expressly prohibited in writing or electronically by you, a Job Poster, you agree that we may use your brand identity, organization or company name (including mentioning your business usage of this Service) in press releases, interviews, promotional materials, sales sheets, presentations, websites and other self-promotional channels. You also agree that a "powered by EuroLead" graphic or text link can be included with your Listing unless you choose to disable or conceal this. In the event that a Job Poster is offered any promotions or discounts for any Services, these discounts are valid for services to which the promotion or discount was originally applied; subsequent upgrades or add-on services are not guaranteed any promotions or discounts.

9. USER SUBSCRIPTIONS AND AUTOMATIC REPEAT BILLING

9.1 Charges. If you would like full access to all features and areas within the Services, you should purchase one of our Subscription Packages. The fees payable for each of our Subscription Packages are set out on the payment page of the at the point of making payment.

9.2 Repeat billing. Please be aware that when you subscribe to any package, you will become liable for automatic renewal billing. Thereby you acknowledge that your subscription has an initial and recurring payment feature and accept responsibility for all recurring charges prior to cancellation. If using a corporate card, you assume all liability and warrant that you have the right to use your chosen method of payment for the purpose of accessing our Services.

9.3 Automatic renewal. We operate an automatic renewal billing policy (with packages not exceeding 6 month automatic renewal billing periods). This means that once your initial Subscription period has expired, for your convenience, your membership will automatically be renewed at the same rate that you signed up for using the original payment method. For example if you pay by credit card, we will continue to debit this same credit card as each subscription period expires. We will only debit these repeat payments when your current payment period expires and not before.

9.4 Price changes. The prices are subject to offers, discounts and changes that may be applied at any time. We also reserve the right to alter our Subscription Packages at any time.

9.5 Free trials. We may at our discretion offer free trials as publicised on the Site. You will require to cancel your free trial prior to the expiry of the trial period, in order to stop automatic billing occurring.

9.6 Billing disputes. Please contact [email protected] with a view to resolving the dispute prior to making a formal notification to your credit card company. You must contact us, stating your reasons for dispute of the charge. This will enable us to accurately and promptly assess your complaint and, where justified, credit your card with the disputed amount in a timely manner to avoid any further inconvenience to you.

9.7 Informing us about changes or unauthorised access. You must promptly inform us of any of the following: changes in the expiration date of any credit card used in connection with the Service; changes in home or billing address; and any apparent breaches of security, such as loss, theft or unauthorized disclosure or use of an account or password. Until the Website is notified by email of a breach in security, the Member will remain liable for any unauthorized use of all of the Website’s services, and for any charges that accrued to his or her account

9.8 Cancelling your Subscription Package. You are free to cancel your subscription at any time. To start your subscription cancellation, enter the "My Profile" section, click on the “Cancel Billing” tab and follow our site instructions to proceed. Should you have any questions, contact us by sending an email to: [email protected]

9.9 No refunds. As the Services are targeted at business customers and not consumers, we do not offer any refunds, unless there has been evidence provided in an acceptable form of unauthorised activity by a third party. You further acknowledge that Subscription Packages are not refundable, in whole or part, upon membership termination either by you, or us, in accordance with clause 10.

10. DURATION AND TERMINATION

10.1 Duration of this agreement. These Terms and thus our agreement with you, will become effective from the point at which you first access the Site or otherwise first use the Services (whichever is earlier), and will remain in full force and effect unless and until your account is terminated by you or us. Any provisions relating to warranties and indemnities by you shall survive termination of our agreement.

10.2 Termination of automatic Subscription renewal. As explained in Section 9, your Subscription (if any) will be automatically extended for successive renewal period of the same duration as the subscription term originally selected, at the then current full price in accordance with the processes laid out in clause 9 hereto. Please note that you must terminate your Subscription prior to the end of the Subscription period for which you have paid to avoid being charged for the next Subscription period. To change or terminate your subscription at any time, please follow the subscription cancellation procedure described in clause 9.

10.3 Termination of your account by you. You may terminate your user account at any time and for any reason by closing your account, and contacting us at [email protected] Please ensure that you cancel any repeat billing for any active Subscriptions prior to closing your account. When emailing us you must include your account information (including email address linked to the account) in order that we can verify that you are in fact the account holder authorised to amend the account. Please be aware that any notice of intention to cancel shall take effect upon receipt by us and only cancellations requested by you as a genuine user of the Services (and the account holder) will be effective. A cancellation initiated by any other party or entity (without proof of your authorisation to act on your behalf), will not be considered a valid cancellation and you will continue to be charged.

10.4 Suspension or termination of any account by us. We reserve the right to immediately suspend or terminate your access to any of the Services (including the Site), without notice, and for any reason. We also reserve the right to remove your account information, User Content, Uploaded Data, or any other data from our Services and any other records at any time at our sole discretion. If your access to any of the Services is suspended due to any suspected (in our opinion acting reasonably) or actual breach of these terms of use, you agree that all Subscriptions paid to us are final and all outstanding or pending payments will immediately be due.

11. SUPPORT

11.1 While we aim to respond to all incoming support requests within 24 hours, there is no agreement to respond within a certain period of time.

11.2 You understand that we use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. Verbal, physical, written or other abuse (including threats of abuse or retribution) with respect to any of our users, employees, directors, officers or vendors will result in immediate account termination.

12. MONITORING AND REPORTING

12.1 Monitoring of your account. We reserve the right, but have no obligation, to monitor the information or content you or anyone using your account submits to the Services, and your activity on the Site or through the Services. We have the right to remove or edit any such information or User Content, Uploaded Data or Third Party Content: (i) that in our sole opinion violates, or may violate, any applicable law, or these terms of use; (ii) or upon the request of any third party e.g. in the event that a third party alleges you have infringed their intellectual property rights.

12.2 Reporting violations of these Terms. You agree to tell us immediately about: (i) any violation of these terms of use by others (including but not limited to other users) of which you become aware; and (ii) any known or suspected unauthorised access to your account. We reserve all rights per our privacy policy to share your information as stated therein.

13. PRIVACY AND ELECTRONIC COMMUNICATIONS

13.1 Privacy Policy. The terms of our Privacy Policy are expressly incorporated herein, and form a part of your agreement with us.

13.2 Electronic communications. You agree that all notices or other communications regarding your account and/or your use of the Site ("Communications"), may be provided to you electronically and you agree to receive all Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use our Site.

14. INTELLECTUAL PROPERTY RIGHTS

14.1 You acknowledge and agree that the copyrights, trademarks and other intellectual property rights including registered and unregistered intellectual property rights of any kind in any territory, across the Services and the content provided as part of the Services belongs to us or is used under exclusive license by us. No rights in respect of the Services or the content provided as part of the Services are granted to you other than those expressly set out in these terms of use. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the rights owner or licensor.

14.2 By submitting any Uploaded Data, User Content or Third Party Content (as previously defined in these Terms) to our Services, you are certifying that you are the exclusive author and owner of that content (and that our use will not infringe or violate the rights of any third party, including privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights) and you agree that you waive any moral rights relating to that content (including the right to be identified as the author).

14.3 You accept and agree that we 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 or any other law.

14.4 We have in place procedures for handling claims that content displayed on our Site infringes a third party’s copyright. Pursuant to the Digital Millennium Copyright Act of 1998, as amended, notifications of claimed copyright infringement under United States copyright law should be sent to our Designated Agent specified in the Notice and Procedure for Making Claims of Copyright Infringement. ALL INQUIRIES NOT RELEVANT TO THAT PROCEDURE WILL RECEIVE NO RESPONSE.

15. OUR REMEDIES FOR YOUR BREACH OF THESE TERMS

disclosing user’s identity to law enforcement agencies, to any third party claiming violation of their intellectual property or privacy right or any other legal right under the law of any applicable jurisdiction;
blocking your IP address and notifying your Internet Service Provider, and any relevant government, regulatory or law enforcement body;
suspending or terminating your account with us;
moderating any User Content;
taking any other action provided for in these Terms or available under equity or law.

16. DISCLAIMER AND LIMITATION OF LIABILITY

16.1 THIS SITE, SERVICES AND ALL OF ITS CONTENT ARE PROVIDED "AS IS." YOU MUST NOT RELY ON ANY INFORMATION PUBLISHED ON OR LINKED TO THIS SITE WITHOUT FIRST MAKING YOUR OWN ENQUIRIES TO VERIFY IT IS ACCURATE, CURRENT AND COMPLETE. WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, ARISING OUT OF OPERATION OF LAW, COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF: MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; SAFETY; QUALITY; FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED; UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE USE OF THIS SITE; OR ACCURACY, CURRENCY, RELIABILITY, COMPLETENESS OR APPROPRIATENESS RELATING TO THE CONTENT OF THIS SITE.

16.2 Without limiting the generality of the foregoing, we make no warranty that your use of the Services will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the Services will be corrected We make no warranty as to the results that may be obtained from the use of this Site or our Services, or as to the accuracy or reliability of any information obtained through this Site or the Services. No advice or information, whether oral or written, obtained by you through this Site or the Services, or from us or our subsidiaries/other affiliated companies shall create any warranty.

16.3 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE FOLLOWING LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU AS A PERSON, A SITE VISITOR, A USER, A PROFESSIONAL INDIVIDUAL OR ANY OTHER FORM OF USER OF OUR SERVICES WHICH INCLUDES THE SITE. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL WE (OR OUR LICENSOR(S) OR SUPPLIER(S)) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT OR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION arising out of or in connection with (a) any actions or inactions of Users (b) your use or the inability to use the Service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Service including any User Content or Third Party Content; (d) Uploaded Data, or (e) any other matter beyond our reasonable direct control.

16.4 Notwithstanding the foregoing, in any event, in no case shall we be liable to you for ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) FOR PAYING USERS, THE AMOUNTS PAID BY YOU TO US IN CONNECTION WITH THE SERVICES IN THE THREE (3) MONTH PERIOD PRECEDING ANY APPLICABLE CLAIM.

16.5 The limitations specified in this section will survive termination or expiration of this agreement.

17. INDEMNITY BY YOU

17.1 You agree to indemnify us, our officers, directors, employees, agents, affiliates (and officers, directors, employees and agents of affiliate entities) for any claims, causes of action, debts, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of your, or anyone using your account’s: (i) use of or inability to use the Services, (ii) any content or information posted using your account, (iii) violation of these Terms, (iv) violation of any rights of a third party, or (iv) violation of any applicable laws, rules or regulations.

17.2 We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to provide us with full co-operation if we choose to exercise this right and all other terms of indemnification will continue to apply. This indemnity shall survive termination or expiration of this agreement.

18. MISCELLANEOUS PROVISIONS

18.1 Assignment. We may transfer, assign or subcontract the rights, interests or obligations under these Terms, at our sole discretion, without obtaining your consent.

18.2 Hyperlinks. You may link to our Site, as long as this is done in a fair way that does not negatively affect our reputation or business and does not suggest any form of association where there is none. We reserve the right to request that you withdraw any link and you agree to cooperate with us in causing any unauthorized framing or linking to terminate immediately.

18.3 Severability and No Waiver. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. The failure of any party hereto to exercise any right, power or remedy provided under these Terms or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.

18.4 Entire agreement. These Terms, and any documents to which these Terms refer, such as our Privacy Policy, constitute a legally binding contract that governs the relationship between us and you. This agreement supersedes any conditions that may have been agreed to in the past, even if not directly withdrawn or amended, and constitute the entirety of the rights and obligations in place between us and you. In accordance with clause 1.8, any business to business relationships will be governed additionally by the terms of any supplemental B2B agreement we enter into with your company.

18.5 Governing law and jurisdiction. These Terms will be governed by the laws of England and Wales. Any disputes relating to these Terms, or the Services to which they relate, will be heard exclusively in the courts located in England, UK.

18.6 Language. These Terms are written in the English language and any proceedings relating to these documents and any related dispute shall be conducted in English. If we make these documents available in any other language, the terms in the English language version shall prevail.