INTRODUCTION
This Terms of Use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website (“Terms of Use”) currently located at www.mastersavenue.com and any successor and affiliated websites or any related websites (our “Site”), whether as a guest or a registered user of our services described on our Site (our “Services”). Use of our Site includes accessing, browsing, or registering to use our Site.
Please read these Terms of Use carefully before you start to use our Site and Services, as these will apply to your use of it. We recommend that you print a copy of these for future reference.
By using our Site and/or our Services, or registering an account on our Site, you confirm that you accept these Terms of Use and that you agree to comply with them.
If you do not agree to these Terms of Use, you must not use our site.
These Terms of Use refer to the following additional terms, which also apply to your use of our Site (“General Terms”) which can all be found on our Site:
· Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate;
· Our Cookie Policy which sets out information about Cookies on our Site;
· Our Terms and Conditions for Services for our Customers.
We reserve the right at any time to:
· Change the terms and conditions of these Terms of Use;
· Change the Site, including eliminating or discontinuing any content on or feature of the Site, restricting the hours of availability or limiting the amount of use permitted; or
· Change any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other Site-related services or any feature thereof.
Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Site or via electronic mail. Your use of our Site after such notice will be deemed acceptance of such changes. Be sure to review these Terms of Use periodically to ensure familiarity with the most current version. Upon our request, you agree to sign a non-electronic version of this Agreement.
For the purposes of these Terms of Use, the following definitions shall apply:
· “MTOC International” or “us” or “we” or “our” refers to MTOC International Ltd., a company registered in England and Wales under company number 10554055 and with registered office at Third Floor 207 Regent Street, London, W1B 3HH;
· “Contributor” means any legal or natural person (for example a sole trader, company or partnership) who is submitting non-exclusive Content to us; and
· “Content” means resources, information, ideas, notes, tests, images, video, graphics, software, music, audio, information concepts, trademarks, service marks or other materials submitted to MTOC International by the Customer, Contributor or Content Provider for storage or publication on, processing by, or transmission via, our website;
· “Content Provider” means any legal entity or natural person (for example a sole trader, company, university or partnership) who provides original Content for the exclusive use by us.
CHANGES TO THESE TERMS
We may revise these Terms of Use at any time by amending this page.
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
CHANGES TO OUR SITE
We may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our Site, or any content on it, will be free from errors or omissions.
ACCESSING OUR SITE
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
LIMITATION OF LIABILITY
Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user 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:
· use of, or inability to use, our site; or
· use of or reliance on any content displayed on our site.
· If you are a business user, please note that in particular, we will not be liable for:
· loss of profits, sales, business, or revenue;
· business interruption;
· loss of anticipated savings;
· loss of business opportunity, goodwill or reputation; or
· any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
The content on our site 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 on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
ACCEPTABLE USES
You may use our site only for lawful purposes. You may not use our site:
· To conduct any systematic or automated data collection activities (including, without limitation scraping, data mining, data extraction and data harvesting) on our in relation to our Site without prior express written consent.
· To add or download Content, or perform any other activities by means or bots or automated methods.
· In any way that breaches any applicable local, national or international law or regulation.
· In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
· For the purpose of harming or attempting to harm minors in any way.
· To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
· To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
· 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.
You agree not to reproduce, duplicate, copy or re-sell any part of our site in contravention of our intellectual property rights.
You agree not to access without authority, interfere with, damage or disrupt, any part of our site; any equipment or network on which our site is stored; any software used in the provision of our site; or any equipment or network or software owned or used by any third party.
RESTRICTED ACCESS
We reserve the right to restrict access to areas of our Site, or indeed our whole Site, at our discretion. If we provide you with a User ID and a password to enable you to access restricted areas of our Site or other content or services, you must ensure that the User ID and the password is kept secure and confidential at all times.
We may disable your User ID or password in our sole discretion at any time without prior notice or explanation.
FOR CONTRIBUTORS
Where Contributors are invited to submit any Content to MTOC International you agree, by submitting your Content, to grant MTOC International a perpetual, royalty-free, non-exclusive, sub-licensable right and license to republish, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your Content worldwide and/or to incorporate your Content in other works in any media now known or later developed for the full term of any rights that may exist in your Content, and in accordance with privacy restrictions set out in MTOC International’s Privacy Policy.
If you do not want to grant to MTOC International the rights set out above, please do not submit your Content to MTOC International.
By submitting Content to MTOC International, Contributors:
1. warrant that their contribution:
· is their own original work and that they have the right to make it available to MTOC International for all the purposes specified above;
· is not defamatory; and
· does not infringe any law; and
1. indemnify MTOC International against all legal fees, damages and other expenses that may be incurred by MTOC International as a result of your breach of the above warranty; and
2. waive any moral rights in your contribution for the purposes of its submission to and publication to MTOC International and the purposes specified above.
None of the Content is endorsed by MTOC International, and MTOC International cannot and does not make any representations with respect to the truth or reliability of the Content. MTOC International reserves the right to remove any Content, in whole or in part, from the Site.
FOR CONTENT PROVIDERS
Where Content Providers provide their Content to MTOC International you agree, by submitting your Content, to grant MTOC International a perpetual, royalty-free, exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your Content worldwide and/or to incorporate your Content in other works in any media now known or later developed for the full term of any rights that may exist in your Content, and in accordance with privacy restrictions set out in MTOC International’s Privacy Policy.
You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
By submitting Content to MTOC International, Content Providers:
1. warrant that their contribution:
· is their own original work and that they have the right to make it available to MTOC International for all the purposes specified above;
· is not defamatory; and
· does not infringe any law;
· has not previously been used or published anywhere else in any way or form; and
1. indemnify MTOC International against all legal fees, damages and other expenses that may be incurred by MTOC International as a result of your breach of the above warranty; and
None of the Content is endorsed by MTOC International, and MTOC International cannot and does not make any representations with respect to the truth or reliability of the Content. MTOC International reserves the right to remove any Content, in whole or in part, from the Site.
LINKING TO OUR SITE
You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in these terms of use.
If you wish to make any use of content on our site other than that set out above, please contact us.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
THIRD PARTY LINKS AND RESOURCES IN OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only and not an endorsement of the contents of these third party websites, for which we hold no responsibility. You access linked third party websites at your own risk.
We have no control over the contents of those sites or resources.
NO RELIANCE ON INFORMATION
The content on our site 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 on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
VIRUSES
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, robots, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach 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 our site will cease immediately.
INFORMATION ABOUT OUR USE OF COOKIES
Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.
We use the following cookies:
· Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website.
· Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
· Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
· Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
TERRITORY STATEMENT
Do not access or use the Content of our Site from a jurisdiction where such access or use would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory organisation. If you breach this provision, you will be held entirely responsible.
APPLICABLE LAW
If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.