WEBSITE TERMS AND CONDITIONS

Website Terms and Conditions of Use
 
 
This Website is owned by SocialStock Limited and is protected by both copyright and database rights. The User’s use of the Website is subject to the following terms and conditions (“the Conditions”) and the User’s continued use of the Website indicates its acceptance of these Conditions. Our Data Protection and Privacy Policy is incorporated in these Conditions. If the User has any queries or concerns please contact us at the address below.
 
We reserve the right to make changes to this Website at any time without notice and it is the User’s responsibility to re-visit this page from time to time to ensure the User complies with these Conditions.    
 
1.              Definitions
 
 
“Intellectual Property Rights” means copyright, patents, design rights, trade marks (whether registered or not), database rights, trade or business names and any other similar rights existing in any part of the world;
 
“Materials” means the content of the Website including but not limited to the text, graphics, data, documents and any other information displayed;  
 
“Website” means the website www.socialstock.co.uk;
“We/us” means Socialstock Limited, central office, unit one.one one, paintworks, bath road, Bristol, BS4 3EH;
 
“User” means the company, firm, association or individual who makes use of or accesses the Website under these Conditions; 
 
“User Information” means any information, graphics or logos provided by or disclosed by the User in any area of the Website.
2.              Content
 
2.1.         The Intellectual Property Rights contained within the Materials are owned solely by us unless otherwise stated.
 
2.2.         The User does not have any right to use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Materials to any other party or make the same available in hard copy or on any other medium without our prior written consent.
 
3.              Subscription
 
3.1.         The User can create an account by completing a registration form and following the instructions. Creation of an account is subject to acceptance by the User of the terms and conditions of the Socialstock Licence.
 
 
4.              User Obligations
 
4.1.         The User agrees that the Website is provided solely for its own use and it will not without our written permission transfer or sell or attempt to transfer or sell its access or use of the Website to any third party.
 
4.2.         All passwords and usernames issued to the User should be maintained by the User as confidential and secret. These can only be changed by Us.
 
 
4.3.         The User must ensure that all User Information or its use of the Website must not:
 
4.3.1.     be for fraudulent or unlawful purposes or in connection with or for the purposes of committing a criminal offence;
 
4.3.2.     be false, inaccurate or misleading;
 
4.3.3.     be to create a false identity;
 
4.3.4.     infringe any third party’s Intellectual Property Rights or rights of publicity or privacy or any other rights;
 
4.3.5.     violate any law, statute, ordinance, regulation or licence applicable to the User or any other users;
 
4.3.6.     be defamatory, libellous or unlawfully threatening or harassment purposes;
 
4.3.7.     be for obscene or pornographic purposes;
 
4.3.8.     contain any computer viruses or anything which could interfere or disrupt the usual operation of the Website, its functionality or effectiveness.
 
4.4 The User warrants that all User Information is true, accurate, complete and up-to-date.
 
5.              Our Obligations
 
5.1.         We will use our reasonable endeavours to provide the Website with reasonable skill and of a competent provider of services over the Internet. However we do not guarantee that the Website will be error-free or fault-free or that Users will obtain continuous, uninterrupted access to the Website. If the User notices that there is an error affecting its access to or use of the Website, the User should report it to us immediately and we will correct it as soon as possible.
 
5.2.         We reserve the right to alter the technical specifications of the Website or suspend the provision of the Website for operational reasons including but not limited to maintenance, repair, improvements or because of an emergency. We will take all reasonable steps to ensure that the Website is restored to full working order as soon as possible.
 
5.3.         We will take all reasonable steps to ensure that the Website is free from any viruses, but we recommend that the User uses its own virus protection software.
 
5.4.         We do not warrant that the Website is compatible with the User’s browser or computer configuration.
 
6.              Privacy Policy
 
6.1.         This privacy policy sets out how we will use User Information, which we collect on the Website. The types of information we collect include name, address, gender, bank account details and contact details. By accepting these Conditions the User acknowledges and agrees that we may use User Information for the purposes set out below.
 
6.2.         We will take all necessary steps to comply with the Data Protection Act 1998 and any other data protection legislation in force from time to time. We will not disclose it to any third party unless:
 
6.2.1.     we are specifically required to by law;
 
6.2.2.     in response to a valid, legal request by a law enforcement or governmental authority;
 
6.2.3.     as may be authorised by the User in writing. 
 
6.3.         By accepting these Conditions the User agrees that we may store, process and use User Information to keep a record of any information or services which the User has requested, for internal purposes to develop new products and services and improve the Website, and to send the User information at we believe may be of interest to it.
 
6.4.         The User may inform us at any time in writing if it no longer requires such information to be sent by us.
 
6.5.         Under the Data Protection Act 1998, the User may request details of personal information that we hold about any of its employees or staff. An official fee will be payable. If the User wants to make a request, the User should write to us using our “Contact Us Page”.
 
6.6.         If the User believes that any User Information is incorrect in any respect, the User should write to us using our “Contact Us Page”.
 
6.7.         We will use all reasonable endeavours to protect the security of User Information both on and off line. If the User would like further details of our security procedures please contact us in writing.
 
6.8.         Cookies are not used on this Website.
 
7.              Links
 
7.1.         The Website may contain links that allow the User to visit other websites operated by third parties. The User acknowledges and agrees that we have no control over any such websites and are not responsible for the protection and privacy of any information which the User may provide within those websites, or for the availability or content of any such websites.
 
8.              Termination
 
8.1.         We reserve the right to immediately terminate the User’s licence to use or access to the Website in the event that:
 
8.1.1.     the User breaches any of these Conditions, the Membership Agreement or any of the other terms and conditions contained on this Website;
 
8.1.2.     if we cannot verify or authenticate User Information;
 
8.1.3.     if we believe the User’s actions may cause legal liability for the User, us or other users of the Website.
 
9.              Limitation of Liability
 
9.1.         We accept liability for death and personal injury resulting from our negligence and nothing in these Conditions shall apply to limit or exclude such liability.
 
9.2.         The User agrees and acknowledges that We cannot confirm and are not responsible for the validity and accuracy of User Information provided by Users of the Website.
 
9.3.         Except as otherwise set out in these Conditions, We are not liable to the User by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law, or under the express terms of these Conditions for any loss of profit, pure economic loss, loss of business, destruction of data, depletion of goodwill or any other direct or indirect loss caused by Us where:
 
9.3.1.     there is no breach of a legal duty of care owed to the User by Us or any of our employees, agents or sub-contractors;
 
9.3.2.     such loss or damage is not a reasonably foreseeable result of any breach of a legal duty of care owed to the User by Us and;
 
9.3.3.     any loss or damage results from a breach by the User or any other user of these Conditions.   
 
9.4.         Our liability to the User, either in contract, tort (including negligence) or otherwise in relation to or arising out of these Conditions is limited to £1,000 for any one incident or series of related incidents.
 
9.5.         If we are unable to perform any obligation under these Conditions because of a matter beyond our reasonable control such as lighting, flood, fire, explosion, war, terrorist activity, industrial disputes (whether or not involving our employees) or other events beyond the reasonable control of our suppliers, we will have no liability for that failure to perform.
 
9.6.         Each provision of these Conditions in clause 9 operates separately. If any provision or part provision is held by a court to be unreasonable or inapplicable the other parts shall continue to apply.
 
10.           Indemnity
 
10.1.      The User agrees to indemnify and hold us and our subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand including all reasonable professional fees made by any third party to or arising out of the User’s breach of any terms of these Conditions or its violation of any law or the right of a third party.
 
11.           Law
 
11.1.      These Conditions shall be governed by and construed in accordance with the laws of England and Wales and each of the parties submits to the exclusive jurisdiction of the courts of England and Wales.
 
12. General
12.1 The headings to these Conditions are for convenience only and shall not affect their construction.
12.2 Where the context so admits reference in these Conditions to one gender shall include each other gender and words denoting the singular shall include the plural and vice-versa.
12.3 References to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
12.4 Failure or delay by us in enforcing or partially enforcing any provision of these Conditions shall not be construed as a waiver of any of its rights under these Conditions or the Contract. No waiver of any of these Conditions by either party shall be deemed to be a further or continuing waiver of any subsequent breach of that term or condition or any other term or condition
12.5 A person who is not party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract or these Conditions.