Terms & Conditions

Effective Date: 16th September 2015

These Get It Right Terms of Use (“Terms of Use”) govern your access to and use of www.getitrightfromagenuinesite.org (the “Site”). The Site is operated by Creative Content UK Partnership Limited, a company incorporated in England and Wales with registered number 09106000; VAT number 208 5003 44; c/o Skadden, Arps, Slate, Meagher & Flom (UK) LLP, 40 Bank Street, Canary Wharf, London, E14 5DS (“we” or “us”).

We provide the Site, including all information, tools and services available via the Site, to you, the user, conditioned upon your acceptance of these Terms of Use. Please read these Terms of Use carefully. By using the Site, you are accepting and agreeing to be bound by these Terms of Use. If you do not accept and agree to these Terms of Use, please do not use the Site.

Features and Functionality Provided by Third Parties; Third Party Terms

Certain content, features and functionality on the Site are owned and operated by third party providers (“Third Party Content”). YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE OR OTHERWISE LIABLE FOR THIRD PARTY CONTENT OR THE ACTS OR OMISSIONS OF THIRD PARTY PROVIDERS AND THAT ANY CLAIMS OR OTHER CAUSES OF ACTION AVAILABLE TO YOU IN CONNECTION WITH EITHER OF THE FOREGOING WILL BE BROUGHT AGAINST THE APPLICABLE THIRD PARTY PROVIDER(S) AND NOT AGAINST US.

Privacy Notice
Please review our Online Privacy Notice at www.getitrightfromagenuinesite.org/privacy-policy/ for details about the information practices associated with this Site.

Use of Content

The Site, including but not limited to text, design, graphics, logos, icons, images, photography, video, audio, downloads, interfaces, code, software, products, features and tools, and the design, selection and arrangement thereof and all intellectual property associated with the foregoing, but specifically excluding Third Party Content (collectively, the “Content”), is our property or the property of our licensors. Upon your acceptance of these Terms of Use, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to access, use, copy, download and print the Content for your personal and non-commercial informational use only, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the Content. Any other use of the Site or any Content, including but not limited to the modification, distribution, performance, broadcast, publication, licensing, reverse engineering or resale of, or the creation of derivative works from the Site or any Content, is expressly prohibited, unless you obtain our prior written consent. You agree to abide by all additional restrictions displayed on the Site as they may be updated from time to time. We may revoke this limited license at any time. All rights not expressly granted are reserved by us and our licensors. You will not: (i) use any hardware or software intended to damage or interfere with the proper working of the Site; (ii) surreptitiously intercept any system, data or personal data from the Site; or (iii) interrupt or attempt to interrupt the operation of the Site in any way. We reserve the right, in our sole discretion, to limit or terminate access to or use of the Site, in whole or in part, at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which we may be entitled at law or in equity.

Prohibited Activities

You may not use any “deep link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to our servers, or to any of the services offered on or through the Site, by hacking, password “mining,” or other illegitimate means.

Links

The Site contains links to other websites, some of which may be operated by us and others which may be operated or controlled by third parties (“Third Party Sites”), including links contained in advertisements, such as banner advertisements and sponsored links. The inclusion of links to Third Party Sites is not, and should not be viewed, as an endorsement by us of the Third Party Site or any content therein. Different terms and conditions apply to your use of Third Party Sites. WE HAVE no control over the content of Third Party Sites, and accept no responsibility for them and hereby disclaim all liability related to them. If you decide to access any Third Party Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such Third Party Sites.

Trademarks and Copyrights

All trademarks, trade names, logos, images, service marks and trade dress displayed on the Site (collectively, the “Marks”) are our property or the property of our licensors, content providers or other third parties. Nothing in these Terms of Use or on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Mark without the prior written consent of the owner of the Mark.

DISCLAIMERS

YOU HEREBY AGREE THAT YOUR USE OF THE SITE, THE CONTENT, AND ANY OTHER SERVICES OR MATERIAL WE PROVIDE IN CONNECTION WITH THIS SITE IS AT YOUR SOLE RISK. THE SITE AND RELATED SERVICES AND FEATURES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME FOR ANY REASON.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING BUT NOT LIMITED TO: (I) MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NONINFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; (II) RESULTS TO BE DERIVED FROM THE USE OF THE SITE OR ANY DATA, CONTENT, SERVICE, SOFTWARE, HARDWARE, DELIVERABLE, OR OTHER MATERIALS RELATED TO THE SITE, OR THE AVAILABILITY OF ANY OF THE FOREGOING; (III) WHETHER THE CONTENT IS TRUE, COMPLETE, ACCURATE, NON-MISLEADING OR TIMELY; AND (IV) THE ABSENCE OF ANY VIRUSES OR OTHER HARMFUL CODE IN THE SITE OR ITS CONTENT. FURTHER, WE DO NOT REPRESENT, COVENANT OR WARRANT THAT ACCESS TO OR SERVICES PROVIDED BY THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IF YOU DOWNLOAD ANY MATERIALS FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.

LIMITATION OF LIABILITY

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY CONTENT PROVIDERS BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF USE OR YOUR USE OR INABILITY TO USE THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT OR SERVICES MADE AVAILABLE ON THE SITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE (COLLECTIVELY, THE “EXCLUDED DAMAGES”). YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER WE NOR ANY OF OUR SERVICE PROVIDERS, LICENSORS OR REPRESENTATIVES WILL BE LIABLE TO YOU FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE SITE (INCLUDING ANY SERVICES PROVIDED ON THE SITE) OR THE CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

CLASS ACTION WAIVER

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR WE WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION OR IN ANY PROCEEDING IN WHICH YOU OR WE ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. WE AND YOU FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, US AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.

Indemnification

You agree to indemnify and hold us, our affiliates and their respective officers, directors, shareholders, employees, contractors, agents, licensors, service providers, successors and assigns, harmless from and against any claims, judgments, awards, losses, liabilities, expenses, damages, costs, fines, penalties and fees (including reasonable attorneys’ and experts’ fees and court costs) (collectively, “Losses”) arising out of or relating to (i) your use of the Site or its Content other than as expressly authorized in these Terms of Use; (ii) your violation of any terms of use or similar terms provided by Third Party Providers with respect to any Third Party Content; or (iii) claims arising from your fraud, intentional misconduct, criminal acts or gross negligence. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all Losses arising or resulting from that disruption.

Jurisdiction and Applicable Law

The laws of England govern these Terms of Use and your use of the Site. To the maximum extent permitted by law, you irrevocably consent to the jurisdiction of the courts of England for any action or proceeding arising out of or relating to these Terms of Use.

Geographic Restrictions

Although the Site is designed for operation within the U.K., we recognize that it may be possible for you to obtain access to the Site from jurisdictions outside the U.K., and that we may not have the practical ability to prevent such access. TO THE MAXIMUM EXTENT PERMITTED BY LAW, We make no representation as to the use of the Site outside the U.K. or compliance of the Site or these Terms of Use with any applicable law. If you choose to access the Site from outside the U.K., you do so at your own initiative and you are solely responsible for complying with applicable local laws.

Changes to These Terms of Use

We reserve the right to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on this Site. It is your responsibility to check for any changes we make to these Terms of Use each time you use the Site or any portion thereof. Revised terms will take effect five days after their publication on the Site and will apply only on a going-forward basis. Your continued use of the Site after that point signifies that you accept the changes.

Entire Agreement

These Terms of Use and any policies or operating rules posted on the Site (but excluding those terms and other conditions offered by Third Party Providers, as described in the paragraph entitled “Features and Functionality Provided by Third Parties; Third Party Terms”) constitute the entire agreement and understanding between you and us with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.

Waiver and Severability

No waiver by us of any term or condition set forth in these Terms of Use shall constitute a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held to be unlawful, void or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions will continue in full force and effect.

Remedies

We may seek all remedies available to us in these Terms of Use, under law and in equity, including injunctive relief in the form of specific performance to enforce these Terms of Use and any additional instructions, guidelines or policies issued by us (including those posted on the Site).

How to Contact Us

If you have any questions or comments about these Terms of Use or the Site, please contact us at enquiries@creativecontentuk.org