Use of the Website
By using this Website, you represent and warrant to us that you are aged 13 or over. This Website and its associated services may contain content which is appropriate only for End Users who are aged 18 or over. Whilst Substance has taken all reasonable steps to restrict access to such content, it cannot and does not guarantee that all such content will be clearly identified and/or restricted in every case. If you are under 18 and concerned to ensure you do not view such content we suggest you stop using this website.
You may be required to register with us to use all or part of the services provided on our Website including the upload and download of any contributions and posting comments (including, but not limited to, any text, photographs, graphics, video or audio) ("Contribution").
From time to time we may restrict access to parts of the Website, or our entire Website, to End Users. If you are uploading a Contribution to the Website you agree to grant us, free of charge, permission to use the material and publish the Contribution and your profile on the Website. If the Contribution includes material belonging to, or details making reference to or in anyway identifying another person, you warrant that:
- such other person has consented to the relevant parts of your Contribution and to putting your Contribution on the Website; and
- you have complied with any relevant obligations under the Data Protection Act 1998 and associated legislation ("DPA") including:
- ensuring that any Personal Data (as defined in the DPA) contained in your Contribution has been obtained fairly and lawfully; and
- obtaining all necessary consents and otherwise complying with the DPA to enable you to supply or disclose such Personal Data to Substance and for Substance to process such Personal Data in accordance with this Agreement.
Where you are using this Website other than as a ‘passive' End User, you shall indemnify us against all costs, claims, damages, liabilities and expenses we incur as a result of a breach by you of your obligations under the DPA and the above provisions.
Your Contribution must:
- be accurate (where it states facts);
- be genuinely held (where it states opinions);
- comply with applicable law in the UK and in any country from which it is posted.
Your Contribution must not:
- contain material which uses another person's image or invades their privacy without their consent;
- contain any material which is defamatory of any person;
- contain any material which is obscene, offensive or hateful;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- deceive any person;
- give the impression that it emanates from us if this is not the case.
You agree that we can use your Contribution, including making it available to other users of the Website for download. You will retain the copyright in your Contribution. All trade marks, titles and copyrights used in this Website relating to third party publications and materials are owned by their respective holders. Any other intellectual property rights relating to this Website (unless otherwise stated) are owned by us or our licensors.
You warrant to us that your Contribution does not breach copyright or any other intellectual property rights and that you have not included or copied another person's material without their consent or licence, and you indemnify us against any loss they may suffer as a result of a claim that the Contribution contains any third party's intellectual property rights. If you have used another person's material, you undertake to ensure that the original creator has given you permission in advance to use it and to have it published by us on the Website, without any payment, and that the original creator has waived any moral rights they may have in the Contributions.
Where Contributions contain content that by its nature is, or is likely to be, suitable only for End Users which are a certain age, you will take all steps required to ensure that:
- such content is clearly identified as being subject to age restrictions and potentially unsuitable for End Users falling outside of such restrictions;
- a click-through window or similar prior means of acceptance is installed which requires End Users to positively confirm their age and suitability to view such content; and
- the creation and posting of such content on the Website will be in accordance with all relevant statutory or regulatory requirements (including, by way of example only, any age certification requirements in relation to films or advertisements).
Your participation in the services offered by the Website is at your own risk. Subject to clause 7 below, we are not liable for any loss, damage or injury which results directly or indirectly from your participation in the Website (including use of any Platform Applications) and associated events (including downloading other users' Contributions) unless such loss, damage or injury is caused by our breach of this Agreement, our negligence, or any liability which cannot be excluded or limited by applicable law. We will not be liable for any loss, damage or injury caused by you, or your failure to make proper and reasonable efforts to mitigate your loss, or if such loss, damage or injury is due to events outside our reasonable control. You are recommended to take all appropriate safeguards before downloading information or images from the Website.
Prohibited Activities
When using this Website you will observe the following provisions and restrictions (which apply in respect of the use of the Website and (where relevant) in respect of any Contributions also):
- You will only use the Website for lawful purposes. You may not use the Website in any way which violates any applicable local, national or international law or regulation or common standards of decency (including, but not limited to, defamatory statements, libel, slander, invasion of privacy, breach of data protection, breach of confidentiality, financial laws, harassment, obscenity, pornography, promoting violence, breach of export laws and regulations, and infringement or misappropriation of another party's copyrights, trademarks, patents, trade secrets or other intellectual property rights).
- You will not send or cause to be sent unsolicited commercial messages or communications in any form (spam).
- You will not use the Website in such a way as to risk or cause loss, damage or destruction of data.
- You will not use the Website in such a way that brings or could bring Substance or any End User of the Website into disrepute.
- You will not knowingly transmit any material (including through uploading Contributions) which threatens the integrity and/or security of any network or computer system (including, but not limited to, transmission of worms, viruses, trojans and other malicious codes and accessing any device or data without proper authorisation).
- You will not reproduce, duplicate, copy or re-sell any part of the Website except as permitted by these Terms of Use.
- You will not interfere with, damage or disrupt any part of the Website, any equipment or network used for the storage of the Website or any software used in the provision of the Website. For the avoidance of doubt, this provision applies to any equipment or network or software owned or used by any third party.
- You will not attempt to obtain unauthorised access to the Website, such as attempting to circumvent or circumventing any authentication, registration or other security feature of any system, network or account. This includes accessing any data not intended for the user, logging into a server or account the user is not authorised to access, or probing the security of any system, network or account.
- You will not promote any discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- You will not infringe any copyright or other intellectual property right of any other person, nor breach any other legal duty owed to a third party. This obligation extends to advocating, promoting or assisting any such unlawful act.
Our use of information provided through this Website
You acknowledge and agree that any information that you provide to us pursuant to this Agreement may be used as part of other services and facilities offered by Substance including but not limited to use and distribution of information by the following means:
- display on our Partners' websites and other social media;
- electronic gaming platforms;
- by way of a SMS or other electronic message sent to an End User's mobile phone or similar device (where we have such End User's express consent do so);
- hard copy or non-electronic forms, including leaflets and press publications; and
- digital television and other means of broadcasting.
Intellectual property rights
All content included on this Website (subject to the provisions regarding Platform Applications in Section B of this Agreement), including text, graphics, logos, icons, images, software and source code, and the arrangement and compilation of such content and any databases are the property of Substance or its licensors and is protected by United Kingdom and international intellectual property laws, including, copyright laws.
You may print material (including Contributions) from the Website for your legitimate, private, and educational and research purposes, but you may not charge a fee for any use and commercial use is expressly prohibited without the prior written agreement of Substance. Where you re-publish any material from the Website, you must include an appropriate acknowledgment from the copyright owner in accordance with any requirements we stipulate. You must ensure that others to whom you provide such materials in accordance with the above are made aware of these requirements.
Links to third party websites and restrictions
The use of third party websites is entirely at your own risk. Links contained in the Website will lead to other websites not under our control, and we accept no liability for the content of any linked website or any link contained in a linked website. Links provided on the Website are provided to you only as a convenience and the inclusion of any link does not imply reliability and endorsement by us of the content of any third party's website.
These Terms of Use do not apply to any third party website linked to the Website. You should read the terms and conditions of those websites before using them and direct any questions or comments about the linked website's contents to the relevant website provider.
Liability
These terms and conditions do not exclude our liability (if any) to you for:
- personal injury or death resulting from our negligence;
- fraud; and
- any matter which it would be illegal for us to exclude or to attempt to exclude our liability.
We do not guarantee that this Website, its facilities (including use of the Platform) and any Platform Applications will be compatible with all or any hardware and software which you may use. We do not guarantee that this Website will be available all the time or at any specific time and no liability can be accepted in respect of losses or damages arising out of such unavailability. We reserve the right to withdraw or modify this Website and any of its content (including Platform Applications) at any time.
Whilst we have taken all reasonable steps to ensure the accuracy, functionality and completeness of the information and facilities on this Website (including the Platform and any Platform Applications), you understand and acknowledge that Substance is acting as a data aggregator and cannot, as a matter of course, verify all of the information uploaded to the Website or otherwise made available by Substance. You acknowledge therefore that such information and facilities are provided on an "as is" basis and we give no warranty and make no representations regarding the accuracy, functionality or completeness of such information and facilities. We will have no liability for any loss or damage resulting from your use of any Platform Applications made available to you by Partners, and the availability, download and use of any such Platform Applications on the Website is at your own risk.
Due to the nature of communications over the Internet and the inherent risks of the transfer of data over the Internet, Substance shall not be liable for any damage or loss whatsoever resulting from viruses or the corruption or loss of data or damage to software or hardware.
Except as expressly stated in this Agreement, Substance shall not be liable for any direct, indirect, special or consequential losses or damages whatsoever, howsoever arising (including but not limited to loss of business, loss of opportunity, loss of sale, loss of goodwill, loss of profits or increased costs).
The disclaimers set out above do not affect or prejudice any other Substance disclaimers or exclusions relating to this Website (whether or not contained in these terms) which we have communicated to you or which you have accepted by using this Website.
Our Rights and Remedies
We have the absolute discretion to determine whether there has been a breach of this Agreement through your use of the Website and we may take such action as we deem to be appropriate. We may issue a warning, written or otherwise, to you before taking such action. Further, we reserve the right to immediately suspend your access to the Website cancel any accounts and/or registrations, and remove any Contributions you have uploaded to the Website. We also have the right to disclose any information to law enforcement authorities as we reasonably feel is necessary or as we are required by such authorities to do.
No contracting online
This Website is a purely information-only website and does not support any commercial or monetary transactions. Nothing on this Website is intended to be nor should be construed as an offer to enter into a contractual relationship with you or anyone else, except for these Terms of Use which govern the relationship between us in relation to your use of the Website and its associated facilities and services.
If you make a contract with a third party who is named or referred to on this Website, it is your responsibility to ensure that you are comfortable with the terms of that contract and to take legal advice if necessary.
Confidentiality
You and we acknowledge (subject to provisions contained in these Terms of Use allowing disclosure) that where one party ("the Recipient") is exposed to certain information of the other party ("the Discloser") and the Discloser considers and treats this information as confidential information that is not generally known to the public, the Recipient will treat this information as confidential information and will take all appropriate steps to protect the confidential information from unauthorised disclosure.
You acknowledge that any personal or commercially sensitive information which you make public by including it in your Contribution will become accessible by any user of the Website.
General
You warrant and undertake to us that when using the Plings Service (including use of this Website) you will comply with all applicable laws, regulations, directions and codes of practice (including, without limitation, the Committee of Advertising Practice or ‘CAP' Code of Practice) issued by any Government or competent regulatory authority and, where you are acting other than as an individual End User, you will indemnify and hold harmless Substance from and against any loss or damage arising from your failure to comply with this clause 11.
Rules as to use or access to this Website are subject to the law of England and Wales and you agree to submit to the jurisdiction of the English Courts (and if you are an individual consumer, the Court where you are based within the UK) in relation to any matter or dispute arising out of or in connection with your use of this Website.
Any waiver or amendment of this Agreement will be effective only if signed by us and our failure to exercise or enforce any rule shall not constitute a waiver of such right or provision.
If any clause or part of this Agreement is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that provision will, to the extent required, be severed from this Agreement and this will not affect any other provisions of this Agreement which will remain in full force and effect unless Substance in its absolute discretion, determines that such severance would make this Agreement unviable, in which case Substance may terminate the Agreement immediately.
This Agreement contains, all the terms which the parties have agreed in relation to the subject matter of this Agreement, and supersedes any prior written or oral agreements, representations or understandings between the parties in relation to such subject matter.
The Partner acknowledges that this Agreement has not been entered into wholly or partly in reliance on, nor has the Partner been given any warranty, statement, promise or representation made by or on behalf of Substance and other than as expressly set out in this Agreement. To the extent that any such warranties, statements, promises or representations have been given the Partner unconditionally and irrevocably waives any claims, rights or remedies which it might otherwise have had in relation to them.
Nothing in this clause 11 will exclude any liability which one party would otherwise have to the other party in respect of any statements made fraudulently.
Unless expressly provided otherwise in this Agreement, this Agreement may only be varied or amended in writing and signed by the parties specifically referring to this clause and stating that this Agreement is varied in the manner specified.
The parties to this Agreement do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.
Agreement of these Terms of Use
Your continued use of this Website and its facilities will constitute an Agreement between both parties to these Terms of Use.
Modification of these Terms of Use
The examples listed in these Terms of Use are not exhaustive but are indicative of the type of breaches of this Terms of Use. We may change those examples or any of the terms of this Terms of Use at any time by updating this page. We will indicate when the Terms of Use were last updated and you should check this page from time to time to ensure you are happy with any changes.
Last updated: 10th July 2009