IMPORTANT LEGAL NOTICE
ATTENTION: This legal notice applies to the entire contents of the website under the domain name www.emoderation.com (Website) including our blog. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms. If you do not accept these terms, do not use the Website. This notice is issued by eModeration Limited (referred to in this notice as “eModeration”, “us”, “we” or “our”).
1.1 This notice sets out our conditions of access to our Website. By accessing any part of the Website, you accept this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.
1.2 eModeration may revise this legal notice at any time by updating this posting. We therefore recommend that you check the Website from time to time to review the then current legal notice. Certain provisions of this legal notice may be replaced or added to by expressly designated legal notices or terms located on particular pages at the Website.
2.1 We permit you to print and download extracts from the Website on the following basis:
(a) no documents or related graphics on the Website are modified in any way;
(b) no graphics on the Website are used separately from the corresponding text; and
(c) eModeration’s copyright and trade mark notices are not removed from any copies; and
(d) eModeration is credited as the source of this information.
2.2 We do not permit you to sell or re-sell any printed or downloaded extracts from the Website.
2.3 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by eModeration or its licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
2.4 Any rights not expressly granted in these terms are reserved.
3. Service access
3.1 We aim to ensure that our Website is normally available 24 hours a day. However, we shall not be liable if for any reason the Website is unavailable at any time or for any period.
3.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
4. Visitor material and conduct
4.2 We do not permit posting or transmitting to or from the Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite 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 any 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).
4.3 You may not misuse the Website (including, for example, by hacking).
4.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing eModeration to disclose the identity or locate anyone posting any material in breach of clause 4.2 or clause 4.3.
5. Links to and from other websites
5.1 We include links to third party websites solely for your convenience. If you use these links, you leave the Website. eModeration has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so at your own risk.
5.2 We encourage linking to our Website. If you would like to link to the Website, you may do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the eModeration logo;
(b) you do not create a frame or any other browser or border environment around the Website;
(c) you do not in any way imply that eModeration is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with eModeration nor present any other false information about eModeration;
(e) you do not otherwise use any eModeration trade marks displayed on the Website without written permission from us;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
5.3 eModeration expressly reserves the right to revoke the right granted in clause 5.2 for breach of these terms and to take any action we consider appropriate.
6.1 While we endeavour to ensure that the information on the Website is correct, eModeration does not warrant the accuracy and completeness of the material on the Website. eModeration may make changes to the material on the Website at any time without notice. The material on the Website may be out of date, and although our aim is to keep non-archive materials up-to-date, eModeration makes no commitment to update such material.
6.2 The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Website on the basis that eModeration excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Website.
7.1 eModeration and any other party (whether or not involved in creating, producing, maintaining or delivering the Website) the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a 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 interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
7.2 Nothing in this legal notice shall exclude or limit eModeration’s liability for:
(a) death or personal injury caused by negligence; or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
8. Governing law and jurisdiction
This legal notice shall be governed by and construed in accordance with English. Disputes arising in connection with this legal notice shall be subject to the non-exclusive jurisdiction of the English courts.
Issue Date: July 2012