2. Your Use of Site Content
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.
2.4 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.
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.
5. Your Content and Confidentiality
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 Website
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.
7.1 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.
(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.
9.4 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
29 September 2014