These terms of use govern your access to and use of the entire contents of the website www.curated-digital.com (“Website”) owned and operated by Curated Digital Limited (“Curated Digital”). 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.

1. INTRODUCTION

1.1          By accessing any part of the Website, you shall be deemed to have accepted these terms of use in full. If you do not accept these terms of use in full, you must leave the Website immediately.

1.2          Curated Digital may revise these terms of use at any time by updating this posting. You should check the Website from time to time to review the then current terms of use because they are binding on you. Certain provisions of these terms of use may be superseded or added to by terms located on particular pages of the Website or terms associated with new products or services which are launched.

2. YOUR USE OF SITE CONTENT

2.1          All images, icons and other content on the site (“Content”), as well as the arrangement of the Content on the Website, is protected by copyright and other intellectual property rights.  Except as provided in these terms of use, or otherwise in writing by Curated Digital, you are not granted any licence to use the Content.  Nothing in these terms of use grants you a licence to use any Curated Digital trade marks.

2.2          Unless you have entered into a separate written agreement with us, you shall not copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Website or any of the Content. No copyright and/or other intellectual property notices or watermarks on any Content shall be deleted or modified.

2.3          If you breach any of the terms in these terms of use, your permission to use the Website automatically terminates.  In addition, Curated Digital shall have the right to block, restrict, disable, suspend or terminate your access to all or any part of the Website or its Content at any time in its discretion without liability to you.

2.4          No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Curated Digital’s prior written permission.

2.5          Any rights not expressly granted in these terms of use are reserved.

3. YOUR ACCESS TO OUR SERVICES

3.1          While Curated Digital endeavours to ensure that the Website is normally available 24 hours a day, Curated Digital 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 Curated Digital’s control.

4. YOUR PRIVACY AND OUR USE OF COOKIES

4.1          Curated Digital is committed to respecting your privacy and the privacy of all individuals using the Website.  More information regarding how Curated Digital may use your personal data, including its use of cookies, can be found in Curated Digital’s Privacy Policy.

5. YOUR CONTENT AND CONFIDENTIALITY

5.1          Other than personally identifiable information (which is covered under our Privacy Policy), any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. Curated Digital shall have no obligations with respect to such material. Curated Digital and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

5.2          You are prohibited from 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).

5.3          You shall not:

(a)        misuse the Website (including, without limitation, by hacking);

(b)        resell or make commercial use of the Website or its Content;

(c)        frame or use any framing techniques to enclose the Website or any part of it;

(d)        take any action that in our sole discretion places an unreasonable or disproportionately large load on our servers or other infrastructure; or

(e)        use the Website in any way which may cause, or be likely to cause, access to or use of the Website to be interrupted, damaged or impaired in any way.

6. LINKS TO AND FROM OTHER WEBSITES

6.1          Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. Curated Digital 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. Curated Digital therefore does 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 entirely at your own risk.

6.2          If you would like to link to the Website, you may only 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 Curated Digital 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 Curated Digital is endorsing any products or services other than its own;

(d)        you do not misrepresent your relationship with Curated Digital nor present any other false information about Curated Digital;

(e)        you do not otherwise use any Curated Digital trade marks displayed on the Website without express written permission from Curated Digital;

(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.

6.3          Curated Digital expressly reserves the right to revoke the right granted in clause 6.2 for breach of these terms and to take any action it deems appropriate.

6.4          You shall fully indemnify Curated Digital for any loss or damage suffered by Curated Digital or any of its group companies for breach of clause 6.2.

7. DISCLAIMER

7.1          While Curated Digital endeavours to ensure that the information on the Website is correct, Curated Digital does not warrant the accuracy and completeness of the material on the Website. Curated Digital may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and Curated Digital makes no commitment to update such material.

7.2          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, Curated Digital provides you with the Website on the basis that Curated Digital 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 these terms of use, might have effect in relation to the Website.

8. INDEMNITY

8.1          You shall indemnify Curated Digital against any loss, damages, costs or expenses which are awarded against or incurred by Curated Digital as a result of any claim or threatened claim (including any claim or threatened claim by a third party) arising out of or related to any breach by you of any of these terms of use or your infringement of intellectual property rights.

9. LIABILITY

9.1          Nothing in these terms of use shall exclude or limit either your or Curated Digital’s liability for:

(a)        death or personal injury resulting from the negligence of the other or their servants, agents or employees;

(b)        fraud or fraudulent misrepresentation; or

(c)        breach of any implied condition as to title or quiet enjoyment.

9.2          Save to the extent that these terms of use state otherwise, nothing in these terms of use shall exclude or limit either party’s liability for breach of clause 9 (Indemnity).

9.3          Subject to clauses 9.1 and 9.2, neither you nor Curated Digital shall be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentation) or otherwise arising out of or in connection with these terms of use for:

(a)        any economic losses (including, without limitation, loss of revenues, profits, contracts, data, business, anticipated savings or cost of substitute services);

(b)        any loss of goodwill or reputation; or

(c)        any special, indirect or consequential losses;

in any case, whether or not such losses were within the contemplation of you and Curated Digital at the date of these terms of use, suffered or incurred by you or Curated Digital arising out of or in connection with the provisions of, or any matter under, these terms of use.

9.4          Subject to clauses 9.1, 9.2 and 9.3, each party’s total liability in relation to all events or series of connected events occurring under this Agreement (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to £10,000.

9.5          If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

10.          GOVERNING LAW AND JURISDICTION

These terms of use shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms of use shall be subject to the exclusive jurisdiction of the English courts.

Issue Date: 29 September 2014