Terms and Conditions for Use
These Terms and Conditions were last modified on 25th August 2015
rotarota.net (the “Site") is owned and operated by Novate Ltd, a company registered in England and Wales with registered number 5009293 whose registered office is at Sherwood House, 7 Gregory Boulevard, Nottingham, NG17 6LB, United Kingdom.
The terms “we", “our" and “us" when used in these Terms means Novate Ltd. The terms “you", “your" and “yours" when used in these Terms means you as a user of the Site.
In these terms, an “Organiser” is a person with the permissions to create Campaigns and associated data within the site. A “Volunteer” is a person signing up to participate in a campaign published by the Organiser and whom may or may not have a login to the site.
Summary (please read terms in full)
- Whilst we strive to provide access 24 x 365, we make no warranty about the availability of the site
- You agree you are responsible for the accuracy of any information you upload and/or any other content you submit to the Site,
- You must be a registered user before you can use certain Services provided through the Site.
- You must not use the site for breaking the law
- You must not post offensive content
- The site is provided on an ‘as is’ basis
- We reserve the right to vary any element of the service with no notice
- Use of the Site
- These terms and conditions (the “Terms“) govern your access to and use of the Site including the Content created by you and appearing on the Site, and any services and/or software provided through the Site or by RotaRota (the “Services”). “Content” means all materials that are included in or otherwise a part of the Site, including without limitation, data files, graphics, artwork, information, text, graphics, software, the “look and feel” of the Site, and all other materials related to the Site.
- Accepting the Terms
- These terms apply to all users of the Site. By using the Site you agree to be bound by these Terms. If you do not agree to these Terms, you should not use the Site.
- We reserve the right to change these Terms at any time and you are advised to review the Terms regularly to ensure that you are aware of any changes. Your continued use of the Site after such changes are posted will be deemed agreement on your part to these Terms, as amended.
- Your responsibilities
- You warrant that you will only upload, post, submit or otherwise transmit information and images that: (i) you have the lawful right to use, copy, distribute, transmit, or display; (ii) you have obtained all consents, permissions and licences to use and/or (iii) do not infringe the intellectual property rights or violate the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity).
- You agree you are responsible for any content you submit to the Site, including the content in Volunteer messages.
- We reserve the right to delete any information which contravene 3.1 and/or terminate accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders.
- Your Account
- You must be a registered user before you can use certain Services provided through the Site. You must be an individual or an entity who can form a legally binding contract under applicable law to register as a user of the Site. Sorry, but this means that under 18s cannot register as an Organiser.
- Within your account, as an Organiser, you are responsible for the Campaigns and events you organise. The Site and Novate Ltd accepts no liability for the Campaigns you run. If the event is cancelled or causes a person or persons to have grievance in relation to the campaign, then this is not the responsibility or concern of Novate Ltd.
- Please choose a username for your account that is your real name or trademark you own. We reserve the right to remove or reclaim your username if we believe appropriate.
- By agreeing to these Terms you represent and warrant that you are legally capable of entering into the Terms. If you agree to these Terms on behalf of a business, you represent and warrant that you are authorised to accept these Terms on behalf of that business.
- You are responsible for safeguarding the password that you use to access the Site. You agree not to disclose your password to any third party. You will immediately notify us of any unauthorised use of your password. You agree to take responsibility for any activities and/or actions under your password.
- If you fail to abide by these Terms, we may immediately without notice or liability to you suspend or terminate your account, registration, or access to any or all services available on the Site. If we suspend or terminate your account, registration or access, you must not set up any further accounts, re-register or otherwise access the Site.
- We may choose to delete and/or reduce: (i) any or all of your Campaigns if you have a Free account and it is inactive for 180 days; and (ii) historic Campaigns where the date of all events within that Campaign are in the past (archived Campaigns).
- Misuse of the Site
- You must not:
(a) use the Site for any activities which breach any laws or regulations or infringe any third party rights;
(b) use the Site to send any spam or unsolicited electronic mail messages to anyone;
(c) use the Site for fraud or any misleading or deceptive conduct;
(d) use the personal information of another person in order to access or use the Site;
(e) tamper with, hinder the operation of or make unauthorised modifications to the Site including attempting to interfere with the access of any user, host or network;
(f) attempt to access or search the Site with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by us or other generally available third-party web browsers (such as Microsoft Internet Explorer or Mozilla Firefox), including but not limited to browser automation tools;
(g) transmit any bug, virus or other disabling feature to or through the Site; or
(h) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site to send altered, deceptive or false source-identifying information.
- You must not post, publish or upload any content or information on the Site which is or is likely to be:
(a) false, misleading or deceptive;
(b) defamatory of any person;
(c) abusive, indecent, obscene, pornographic, or offensive;
(d) in breach of the intellectual property rights or moral rights of any person;
(e) in breach of any obligations of privacy or confidence;
(f) harassing, insulting or vilifying of any person, including based on race, religion, sexual orientation, gender, age or disability; or
(g) in breach of any laws.
- You indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs and expenses that may arise out of or are in any way connected to: (i) your use of the Site, including but not limited to your breach of these Terms, your breach of any third party right and/or any claims arising from and in connection to your Campaigns.
- We reserve the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law.
- You acknowledge that Novate Ltd has no obligation to monitor any user’s access to or use of the Site, but has the right to do so. We reserve the right to remove any content submitted, uploaded or posted on the Site by any user, at our sole discretion. To report undesirable Campaigns and/or content submitted by a user on the Site or to bring to our attention users who may not be following these Terms, please email: firstname.lastname@example.org.
- You must not:
- Information and Content
- Any material posted on the Site is provided on an “as is” basis. Whilst we reserve the right to change the Content of the Site at any time, material on the Website may be out of date from time to time and we are under no obligation to update such material. We make no representation that material on the Site is appropriate for use or available outside the UK.
- The Site may include information and content provided by third parties (“Third Party Information”). We do not verify Third Party Information, which may not be complete, timely or accurate for your purposes.
- You acknowledge and agree that you should not rely on the Site for any reason.
- RotaRota.net does not endorse any of the Campaigns organised through RotaRota.
- Information, content and images submitted by users of the Site has not been independently verified by us. We are not liable for any incorrect, misleading, deceptive, obscene, offensive or pornographic material which is submitted, nor are we liable for any information, content and images submitted by users which are in breach of any intellectual property rights, moral rights or privacy rights of any party of any law.
- The Site may contain links to third-party websites or resources. You acknowledge and agree that RotaRota.net is not responsible or liable for: (i) the availability or accuracy or such websites or resources; or (ii) the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by RotaRota.net of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any websites or resources.
- All intellectual property rights in the Site, including any information, software and tools accessed via the Site, are either owned by or are licensed to us. You may not copy, reproduce, download, modify, republish, post, transmit, store or distribute to the public this Site, or any information, software, and tools accessed via the Site.
- We grant you a limited, non-exclusive, non-transferable, revocable license to use the Site subject to the restrictions set out in these Terms.
- We are not liable to you for your use of the Site and you agree that your use of the Site is provided on an “as is” and “as available” basis.
- Novate Ltd is providing the Site without any guarantees, conditions or warranties to its accuracy or results of use. We do not give any warranty of reliability, quality, fitness for purpose, merchantability or accuracy nor accept any responsibility arising in connection with any errors, in, or omissions from, the information, software or tools provided on by the Site.
- We expressly exclude:
- all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
- any liability for any loss or damage incurred by you in connection with the use, inability to use, or results of the use of the Site and any websites linked to it; however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
- We shall not be liable to you for any loss or damage which is not a reasonably foreseeable result of your use of, or inability to use, the Site including but not limited to:
- loss incurred by any third party;
- loss of income or revenue; or
- loss of profits.
- Nothing in these Terms shall exclude or restrict any liability for death or personal injury arising from the negligence of Novate Ltd or for any liability which cannot be excluded or limited by law.
- In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
- These Terms and your use of the Site shall be governed by and construed in accordance with the laws of England. By using the Site, you accept that any dispute under these Terms or arising out of the use of the Website (including non-contractual claims or disputes) shall be subject to the exclusive jurisdiction of the English courts to which you submit.
- You are responsible for complying with any applicable laws of the country from which you are accessing the Site.
- For the first 14 days after signing up for a Pro account, your subscription is free and you can cancel at any time. After 14 days, your account will begin being charged for the annual or monthly subscription plan you have chosen. When you select the annual subscription, you pay for one year (12 months of service) in advance. Your account will be automatically charged as appropriate in accordance with your selected subscription plan: once a month if you selected a monthly subscription and once a year if you selected an annual subscription. You can update your billing information at any time by visiting the Payment page of your account. You can cancel the subscription at any time and the cancellation will take effect with the next billing cycle, You will be entitled to a prorate refund for each full month remaining in your billing period.
- Should Novate elect to terminate your account in relation to 4.6 of these terms, then you will not be entitled to any refund of subscription.
- In the event that Novate Ltd decide to terminate the service provided, as a current subscriber, you will be entitled to a prorate refund of your subscription, including the current month.
- Further information on these Terms or any queries on them can be obtained from Novate Ltd. Email: email@example.com