Terms & Conditions of Use of the CleanTechNet Website
You are welcome in the CleanTechNet User Community. This page has excessive legalese about the use of the site, but in an imperfect world it is unfortunately necessary. The essence of the Ts & Cs is:
- Let’s get mutual benefit from this site and all operate in good faith.
- Use the material to accelerate the development and adoption of cleaner technologies and make money at the same time.
- You can copy material for either non-commercial or commercial use, but don’t undermine the viability of the site by excessive copying and pasting of material or copying and pasting without acknowledgement; treat us as you would like to be treated.
- If any disputes do rarely arise, let’s resolve them in a reasonable and mutually respectful way.
These terms and conditions apply to your use of this Website. By accessing this Website, you agree to be bound by them. If you do not agree to be bound by these terms and conditions, you may not use or access this Website and we have the right to restrict or prevent your access to the Website. If there is anything you do not understand please feel free to e-mail any enquiry to us at email@example.com.
“Conditions” means these terms and conditions: “User(s)” means (a) user(s) of the Website either collectively or individually, as the context requires; “Personal Information” means any personal details provided by you via the website; “We/us/our” means CleanTechNet; “Website” means the website located at http://www.cleantechnet.co.uk or any subsequent URL which may replace it; and “You/your” means you as a user of the Website.
We will provide you with access to the Website in accordance with these Conditions.
2. YOUR OBLIGATIONS
2.1.1 agree not to use the Website (or any part thereof) for any illegal purpose and agree to use it in accordance with all relevant laws;
2.1.2 agree not to upload or transmit through the Website any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
2.1.3 will not upload or transmit through the Website or post any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety or which is in breach of applicable laws or regulations or is in breach of any person’s rights (including but not limited to, copyright, database right and confidentiality);
2.1.4 will not upload or transmit through the Website or post any material which (in our opinion) constitutes advertising;
2.1.5 will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
2.1.6 will not use the Website in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, copyright, other rights of intellectual property, rights of confidentiality or rights of privacy);
2.1.7 will be solely responsible for the confidentiality of your user name and password and for all uses of your registration, whether or not authorised by you, and will promptly notify us of any unauthorised use of your registration or password;
2.1.8 will not attempt any unauthorised access to any part or component of the Website; and
2.1.9 agree that in the event that you have any right, claim or action against any Users arising out of that User’s use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.
You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your PC or internet access account.
4. OUR RIGHTS
4.1 We reserve the right to:
4.1.1 modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
4.1.2 change these Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
4.2 We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website, or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
5. THIRD PARTY LINKS
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials on the Website).
7. INFORMATION POSTED BY YOU
You may place or post material on the Website or make it available to other Users (for example by e-mail) only where and as permitted by us from time to time. We do not monitor, approve, endorse or exert editorial control over information posted by Users and do not therefore accept responsibility for or make any warranties in connection with or recommend that you or any third party rely on such information. We reserve the right to remove from the Website without warning or to refuse to post on the Website any information posted by Users which is in breach of these Conditions and to inform and give assistance to the relevant bodies in respect of any transgressions. We accept no responsibility for and give no warranties in connection with any information posted on the Website by our Users. We recommend that you do not rely on such information. Any information posted on our Website by Users has not been issued or approved by us. By placing information on the Website or making it available to other Users or by submitting material to us for publication, you hereby grant us (unless we expressly agree otherwise in writing) a worldwide, non-exclusive, sub-licensable licence to use, copy, distribute, publish and transmit such information in any manner we wish (including, but not limited to, archiving and making available such information in any media as part of the services provided by us).
8. INTELLECTUAL PROPERTY AND RIGHT TO USE
8.1 You acknowledge and agree that all copyright, database right, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our data providers and other licensors. You are permitted to use this material only as expressly authorised by us.
8.2 You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display (including by cacheing, framing or similar means) or distribute more than 15% of the material and content contained within the website, as measured by electronic bytes over all time periods. You agree to request permission of the owner of the CleanTechNet site by written electronic communication to go above this limit.
8.3 For material which is copied, reproduced, transmitted, published, displayed (including by cacheing, framing or similar means) or distributed under clause 8.2, you agree to acknowledge CleanTechNet as the source.
9.1 You may send us notices under or in connection with these Conditions:
9.1.1 by post to CleanTechNet, 41 Roundhill Way, Loughborough, Leicestershire LE1 4WB, United Kingdom
9.1.2 by e-mail to firstname.lastname@example.org.
9.2 As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us, which will be sent within 3 working days of our receipt and should be retained by you.
10. LIMITATION OF LIABILITY
10.1 WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY. You should verify all the information given on the Website before acting upon it. You will not hold us responsible if the information is not accurate.
10.2 The Website is provided on an “as is” and “as available” basis without any representation or endorsement. Unless specified in separate terms and conditions related to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Website, or products or services offered on the Website whether by us or on our behalf (including free software downloads) including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.
10.3 Because User authentication on the Internet is difficult, we cannot and do not confirm that each User is who they claim to be.
10.4 Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available or products or services offered on the Website whether by us or on our behalf (including free software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website.
10.5 Notwithstanding any other provision in the Conditions, nothing herein shall limit your rights as a consumer under English law.
10.6 You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.
10.7 We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the Website through a third party’s hypertext link.
10.8 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) for:
10.8.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
10.8.2 any loss of goodwill or reputation; or
10.8.3 any special or indirect or consequential losses; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.
10.9 Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.
Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
14. ENTIRE AGREEMENT
These Conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.
The Conditions will be exclusively governed by and construed in accordance with the laws of England and Wales whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.