The publisher of this Site is The FingerPost Co Ltd (“FingerPost,” “we”, “us” or “our”) (registered in England; company number 1892843) which asserts copyright in the Site. Our registered address is New Derwent House, 69-73 Theobalds Road, London WC1X 8TA.
Please read these FingerPost General Terms (“General Terms”) carefully. These General Terms are between you and FingerPost concerning your use of the FingerPost platform (“Platform”).
BY ACCESSING OR USING THE PLATFORM, YOU AGREE TO THESE GENERAL TERMS AND YOU AFFIRM THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD, AND OTHERWISE HAVE THE LEGAL CAPACITY TO ENTER INTO THESE GENERAL TERMS.
1. Use of the Platform
The Platform makes available services (“Services”), articles, photographs, graphics, video and other content (“Content”). Subject to your compliance with these General Terms, you may access Content on the Platform for your personal, non-commercial purposes only. Please note that many features and functionalities of the Platform, including the ability to license certain Content for further use and display, are limited to customers of FingerPost who have entered into one or more separate written agreements with FingerPost (“Customers”). If you are a Customer, then you are subject to the terms of any such separate agreement(s) in addition to these General Terms, and the terms of any such separate agreement(s) will prevail in the event of an irreconcilable conflict between such terms and these General Terms.
2. Changes
We may change these General Terms from time to time by notifying you of the changes by any reasonable means, including by posting revised General Terms on the Platform. By using the Platform following any changes to these General Terms, you agree to the changes. We may, at any time and without liability or prior notice, modify, suspend, limit availability or discontinue all or part of the Platform; charge, modify or waive any fees required to use the Platform; or offer opportunities to some or all users of the Platform.
3. Access Credentials
Security. You may need to register or otherwise enter a user name, password or other information or credentials (collectively, “Access Credentials”) in order to make use of the Platform (or you may have already done so). All Access Credentials are solely for your internal business use in accordance with the General Terms, are to be used only by the particular individual to whom they are assigned, and may not be shared with other individuals. You are solely responsible for any use or misuse of your Access Credentials. You must ensure that all such Access Credentials are kept confidential, and you must promptly notify us of any actual or suspected confidentiality breach or unauthorized use of your Access Credentials or Platform account. Without limiting the foregoing: (a) you acknowledge and agree that all individuals with Access Credentials (“Users”) will have the authority to act in your name and on your behalf in connection with the Platform; and (b) you hereby authorize any transactions and other acts initiated using Access Credentials. You will use reasonable efforts to secure any computing environment containing copies of any Content made available through the Platform in accordance with best practices in the media industry, and will promptly notify FingerPost of and remedy any security breach affecting such Content of which you become aware.
4. Information Submitted Through the Platform
Any submission by you of personal information to us through the Platform, or otherwise in connection with these General Terms, is governed by these General Terms and the Privacy Policy, located at https://www.fingerpost.co.uk/wp/privacy/
5. Compliance With Law
Any use of the Platform is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so.
6. Rules of Conduct
You must not: (a) make available any malicious or potentially harmful computer code; (b) collect information about users of the Platform; (c) interfere with the operation of the Platform; (d) reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, sublicense, distribute or otherwise exploit any part of the Platform (including any Content), except as expressly permitted herein; (e) reverse engineer, decompile or disassemble any part of the Platform, except to the extent such restriction is expressly prohibited by applicable law; or (f) use any robot, spider or other device to retrieve, index, “scrape” or “data mine” any Content, or otherwise access or download any Content other than through the functionality of the Platform.
7. Monitoring
We may (but have no obligation to) monitor, moderate and/or analyze your use of the Platform. We may collect and use information related to your use of the Platform to test, develop, improve and enhance our products and services. We may disclose information regarding your access to and use of the Platform to anyone for any reason or purpose.
8. FingerPost’ Proprietary Rights
You will not use any of the trademarks, service marks, trade names or service names of FingerPost, its affiliates or its licensors (“Marks”) without the express prior written consent of the owner. As between FingerPost and you, the Marks, the Platform and any Content contained therein: (a) are owned by FingerPost, its affiliates or its licensors and are protected by proprietary rights and laws, and (b) are hereby reserved by FingerPost, its affiliates or its licensors.
9. DISCLAIMERS
ALL WARRANTIES, CONDITIONS AND OTHER TERMS IMPLIED BY STATUTE OR COMMON LAW, INCLUDING WARRANTIES OR OTHER TERMS AS TO SUITABILITY, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT AND TITLE, ARE EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE PLATFORM (INCLUDING ANY SERVICES AND CONTENT AVAILABLE THEREIN) IS DELIVERED ON AN “AS IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. ALL DISCLAIMERS OF ANY KIND IN THESE GENERAL TERMS ARE MADE FOR THE BENEFIT OF BOTH FINGERPOST AND ITS AFFILIATES AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS AND SERVICE PROVIDERS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “FINGERPOST PARTIES”).
10. LIMITATION OF LIABILITY
THE AGGREGATE LIABILITY OF ALL FINGERPOST PARTIES, COLLECTIVELY, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE GENERAL TERMS OR THE PLATFORM (AND ANY SERVICES OR CONTENT AVAILABLE THEREIN), INCLUDING FOR NEGLIGENCE, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO FINGERPOST TO USE THE PLATFORM PURSUANT TO THESE GENERAL TERMS, AND (B) TEN DOLLARS ($10). NO FINGERPOST PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA OR LOSS OF PROFITS, EVEN IF SUCH DAMAGES OR LOSSES COULD HAVE BEEN FORESEEN OR PREVENTED. ALL LIMITATIONS OF LIABILITY OF ANY KIND IN THESE GENERAL TERMS ARE MADE FOR THE BENEFIT OF BOTH FINGERPOST AND THE OTHER FINGERPOST PARTIES.
11. Termination
FingerPost may terminate these General Terms or your right to use the Platform at any time and without prior notice, for any reason. The preamble of these General Terms and Sections 4–15 of these General Terms shall survive any termination of these General Terms.
12. Governing Law; Jurisdiction
Please note that these General Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, if you are resident of Scotland, you may also bring proceedings in Scotland and if you are a resident of the Republic of Ireland you may also bring proceedings in the Republic of Ireland.
If you are a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions, including, without limitation, this section dealing with governing law and jurisdiction, affects your rights as a consumer to rely on such mandatory provisions of local law.
13. Notices
All notices to FingerPost under these General Terms must be in writing and sent by e-mail to FingerPost. When you visit the Platform or send-emails to FingerPost, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices to the Platform. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
14. Copyright Infringement Claims
The Patents Act 1988 (“CDPA”) provides recourse for copyright owners who believe that material appearing online infringes their rights in the UK. If you believe in good faith that the use of certain materials on the Platform infringe your copyright, you (or your agent) may send to FingerPost a written request that FingerPost remove such material or block access to it. If you believe in good faith that someone has wrongly submitted to us a notice of copyright infringement involving content that you made available on the Platform, the CPDA permits you to send to FingerPost a counter-notice. Notices and counter-notices must meet the requirements imposed by the CPDA.
15. Miscellaneous
If any provision of these General Terms is held to be invalid or unenforceable, such provision will be ineffective only to the extent of such invalidity or unenforceability, and the remainder of these General Terms will continue in full force and effect.
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