1.1 Creatures United is a website (Website) operated by Creatures United, a limited liability company registered in England and Wales under registration number 13013312 with its registered office at 7 Savoy Court, London WC2R 0EX (we, us, our).
1.2 Please read these terms and conditions (Terms) carefully as they set out the basis on which you may access, and/or use the Website and all features, content, materials and information made available via the Website (Content).
1.3 By accessing and/or using the Website you are confirming to us that you have read these Terms and that you agree to be bound by these Terms.
1.4 We may revise these Terms at any time. Any changes made to these Terms will be applicable from the date they are published. If you do not accept any new Terms we publish then you should not access the Website.
- CONTACTING US
If you would like to contact us for any reason in connection with the Website, including to make a complaint about the Website or anything contained in the Website, please contact us by email: [firstname.lastname@example.org]
- ACCESS TO AND USE OF THE WEBSITE
3.1 There is currently no charge to access and/or use the Website. We may stop offering the Website (free of charge or otherwise) at any time.
3.2 You agree that you will not:
3.2.1 reverse engineer, decompile, disassemble or otherwise attempt to obtain the Website’s source code, other than as permitted by applicable law;
3.2.2 copy, display or otherwise use the Content outside of the Website; or
3.2.3 use software (including any spider, scraper or bot) to monitor, harvest or copy any information from the Website.
3.3 You acknowledge that all Content made available via the Website is confidential and proprietary to us and/or our licensors and, as such, you will keep all such Content confidential and will not use or display any Content outside of the Website without our specific permission.
3.4 You agree to comply with all reasonable instructions that we may give you regarding your use of the Website.
3.5 You are responsible for obtaining and configuring (at your own cost) all necessary devices, computer programs, IT, platforms and telecommunications services required to access the Website. You are also responsible for ensuring that no person uses your device to access the Website without your permission. We will be entitled to assume that anyone who accesses the Website using your device has your permission to do so and you will be responsible for any charges, costs or liabilities that may be incurred by any such persons.
- MAINTENANCE AND SUPPORT
We do not guarantee that the Website will always be available or that it will be updated. You understand that we may suspend, restrict access to or discontinue the Website or make changes to the Website at any time for any reason or no reason without notice or liability to you. If we plan to discontinue the Website, we will endeavour to notify you of the discontinuance of the Website reasonably in advance of the date on which such discontinuance takes effect.
- INTELLECTUAL PROPERTY
5.1 The Website and any and all Content belong to us and/or our licensors and are protected by intellectual property laws around the world. The Website and any and all Content are licensed to you in accordance with these Terms.
5.2 Subject to your continued compliance with these Terms, we hereby grant to you a non-exclusive, non-transferable, non-sublicensable, personal, revocable, limited licence to access and use the Content for solely viewing within the Website.
5.3 You are only allowed to access and/or use the Website in accordance with these Terms. You are not allowed to distribute or transfer or communicate to the public the Website or any Content or interfere with the normal operation of the Website (e.g. you are not permitted to decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works from the Website or any updates or any part thereof (including Content), other than as permitted by applicable law). Notwithstanding these restrictions, any open source software components included in the Website will continue to be governed by the terms on which such open source software components are generally made available to the public by the relevant open source licensing entity.
- YOU WILL NOT INTRODUCE VIRUSES
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. We will report any such action to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
- ACCEPTABLE USE
7.1 You may use the Website and Content only for lawful purposes. You may not use the Website and/or any Content:
7.1.1 In any way that breaches any applicable local, national or international law or regulation.
7.1.2 In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
7.1.3 For the purpose of harming or attempting to harm minors in any way.
7.1.4 To bully, insult, intimidate or humiliate any person.
7.1.5 To send, knowingly receive, upload, download, use or re-use any material using the Website.
7.1.6 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
7.1.7 To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
7.2 You also agree:7.2.1 Not to reproduce, duplicate, copy or re-sell any part of the Website and/or any Content in contravention of the provisions these Terms.
7.2.2 Not to copy, display or otherwise use the Content outside of the Website.
7.2.3 Not to access without authority, interfere with, damage or disrupt:
(a) any part of the Website;
(b) any equipment or network on which the Website is stored;
(c) any software used in the provision of the Website; or
(d) any equipment or network or software owned or used by any third party.
- USER GENERATED CONTENT
8.1 The Website may include Content, information and materials uploaded by other users of the Website, including to notice boards. This Content, information and materials have not been verified or approved by us. The views expressed by other users on the Website do not represent our views or values.
8.2 Whenever you make use of a feature that allows you to upload a Contribution to the Website, or to make contact with other users of the Website, you must comply with the standards set out in our submission guidelines set out in provision 9 below. For the purposes of these Terms, “Contribution” means any and all material which you contribute to the Website and the interactive services associated with it, including any text, images, video, audio or other multimedia content, software or other information or material.
8.3 You warrant that any such Contribution or communication with other Website users does comply with the submission guidelines set out in provision 9, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty (including, but not limited to, reasonable administrative and legal costs).
- SUBMISSION GUIDELINES
9.1 Any Contribution or communication to users of the Website must conform to standards of accuracy, decency and lawfulness, which shall be applied in our discretion, acting reasonably. In particular, you warrant that any Contribution or communication is:
9.1.1 your own original work and lawfully submitted;
9.1.2 not infringing of any copyright, database right or trade mark or other intellectual property right of any other person;
9.1.3 not made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
9.1.4 factually accurate or your own genuinely held belief;
9.1.5 provided with the necessary consent of any third party;
9.1.6 not defamatory or likely to give rise to an allegation of defamation;
9.1.7 not offensive, obscene, sexually explicit, hateful, inflammatory, or deceptive;
9.1.8 not discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age;
9.1.9 unlikely to promote violence, psychological harm, any illegal activity;
9.1.10 not made in contempt of court;
9.1.11 not made in breach of data protection laws; or
9.1.12 unlikely to be deemed threatening, abusive, invasive of another’s privacy, or cause annoyance, inconvenience or needless anxiety, or be likely to harass, upset, embarrass, alarm or annoy any other person.
9.2 Any Contribution you upload to the Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Contributions, however, we will post the Contribution on Website, and may use it in other forms of media, including our social media profiles, print publications and marketing. Your Contribution will, therefore, become publicly available and may be linked to, or copied from across the public internet, as well as other media. Please do not submit any Contributions that you would not like used in this way, and please note that we may not be able to prevent further use of your Contributions by third parties without permission. By submitting Contributions, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your Contribution for the uses described above.
9.3 We also have the right to disclose your identity to any third party who is claiming that any Contribution made by you to the Website constitutes a violation of the submission guidelines, their intellectual property rights, or of their right to privacy or otherwise infringes the law.
9.4 Failure to comply with this provision 9 constitutes a material breach of these Terms upon which you are permitted to use Website, and may result in our taking all or any of the following actions:
9.4.1 immediate, temporary or permanent withdrawal of your right to use Website;
9.4.2 immediate, temporary or permanent removal or editing of any Contribution made by you to Website;
9.4.3 issue of a warning to you;
9.4.4 bring legal proceedings against you for reimbursement of all costs on an indemnity basis resulting from the breach in accordance with clause 8.3;
9.4.5 bring further legal action against you; and
9.4.6 disclosure such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
9.5 As far as permissible by law, we exclude our liability for all action we may take in response to breaches of the submission guidelines. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
9.6 If you wish to complain about Contributions or communications by other Website users, please contact us using the details in the ‘Contacting Us’ section above.
10.1 The Content is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content.
10.2 Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the Content is accurate, complete or up to date.
10.3 The Website and any Content are provided on an “as is” basis and we do not make, and expressly exclude, any representation or warranty of any kind, either express or implied in relation to the Website or any Content including, without limitation, any warranties in relation to fitness for a particular purpose or in relation to quality, completeness, accuracy or reliability.
10.4 Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
10.5 We do not guarantee that the Website will always be available, be uninterrupted, secure or free from bugs or viruses, nor that the Website or any Content will be free from errors or omissions.
10.6 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (i) use of, or inability to use, the Website or any Content; or (ii) use of or reliance on any Content.
10.7 In particular, we will not be liable for: (i) loss of profits, sales, business, or revenue; (ii) business interruption; (iii) loss of anticipated savings; (iv) loss of business opportunity, goodwill or reputation; or (v) any indirect or consequential loss or damage.
10.8 Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded, disclaimed or limited by applicable law.
- LINKING TO THE WEBSITE
You may link to the Website, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation. You must not establish a link to our site in any website that is not owned by you. You may not frame or deep link this Website. The website from which you are linking must comply in all respects with applicable laws. You must not establish a link in such a manner that suggests endorsement, association or approval on our part where none exists. We reserve the right to withdraw linking permission without notice.
12.1 We reserve the right to change, edit, suspend, delete and/or cancel any part of the Website (and/or your access to it) at any time with or without notice to you.
12.2 On termination of your access to the Website for any reason: (a) all rights granted to you under these Terms will immediately cease; and (b) you must immediately cease all activities authorised by these Terms.
12.3 When your use of the Website ceases, any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
13.2 You acknowledge that these Terms are not intended to be for the benefit of, and will not be exercisable by, any person who is not a party to them.
13.3 You may not assign, sub-license or otherwise transfer any of your rights or obligations under these Terms to any other person without our prior written consent.
13.4 If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.
13.5 If any part of these Terms is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted from these Terms and the remaining parts of these Terms will continue to be enforceable.
13.6 These Terms and any dispute arising out of or in connection with them (including any non-contractual claims) shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English courts.
These Terms were last updated on 09 November 2022