Terms

TERMS OF USE -January 2019

BACKGROUND:

This agreement applies as between you, the User of this Site and Your Business Live, the owner(s) of this Site.  Your agreement to comply with and be bound by Clauses 1 to 3, Clauses 5 to 9 and Clauses 13 to 23 of these Terms of Use is deemed to occur upon your first use of the Site Clause 4 and Clauses10 to 12 apply only to members with an account.  If you do not agree to be bound by these Terms of Use, you should stop using the Site immediately.

1.Definitions and Interpretation

In this Agreement, the following terms shall have the following meanings: 

2.Information About Us

This Site, communicrowd.net, is owned and operated by Pitchcom Limited, a limited company registered in England under 07902737, whose registered address is 121 Albert Street, Fleet, Hampshire, GU51 3SR and whose main trading address is Ferneberga House, Alexandra Road, Farnborough, Hampshire, GU14 6DQ. 

3.Intellectual Property

1. Members retain the ownership of copyright and other intellectual property rights subsisting in the content of their Blogs, Posts, Photos, Videos, Files, Links, Events, Market. Member information and Comments (unless any part of that content is owned by a third party who has given their express permission for their material to be used).  All other content included on Our Site (including all user-facing material, and all underlying content such as code, software and databases) and the copyright and other intellectual property rights subsisting in that content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All content is protected by applicable United Kingdom and international intellectual property laws and treaties.
2. You may:
   1. Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
   2. Download Our Site (or any part of it) for caching;
   3. Print pages from Our Site;
   4. Download, copy, clip, print, or otherwise save extracts from pages on Our Site;
   5. Save pages from Our Site for later and/or offline viewing; and
   6. View, use and share other Blogs, Posts, Photos, Videos, Files, Links, Events, or Market posts and Comments in accordance with Clause 5.
3. You may not use any content downloaded, copied, clipped, printed or otherwise saved from Our Site for onward commercial purposes without first obtaining a licence to do so from Us, our licensors, or from the relevant User, as appropriate.  This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
4. You may not systematically copy content from Our Site with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless given Our express permission to do so.
5. Our status as the owner of Our Site (or that of identified licensors or Users, as appropriate) must always be acknowledged.
6. Nothing in these Terms of Use limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; the making of personal copies for private use; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

4.Blogs, Posts, Photos, Videos, Files, Links, Events, Market posts, Member Information and Comments

1. An Account is required if you wish to create Groups, Blogs, Posts, Photos, Videos, Files, Links, Events, Market posts, Member information and Comment on other Users’ content.  For Terms of Use pertaining to Accounts, please refer to Clause 10.
2. You agree that you will be solely responsible for your content and that of all Posts and any Comments made by you, whether on your own content or on those belonging to other Users.  Specifically, you agree, represent and warrant that you have the right to post the content that you choose to post and that nothing in your content or Comments will contravene any aspect of Our Acceptable Usage Policy, detailed in Clause 7.
3. You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 4.2. You will be responsible for any loss or damage suffered by Us as a result of such breach.
4. You (or your licensors, as appropriate) retain ownership of the content of your Groups, Blogs, Posts, Photos, Videos, Files, Links, Events, Market. Member Information and Comments, and all intellectual property rights subsisting therein. 
5. If you wish to remove a Blog, Post, Photo, Video, File, Link, Event, Market post, or Member information, the content in question will be deleted from Our Site Please note that caching or references to your content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control)
6. If you wish to remove a Comment, the Comment in question will be deleted.  Please note, however, that caching or references to your Comment may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
7. We may reject, reclassify, or remove any Blogs, Posts, Photos, Videos, Files, Links, Events, Market posts or Comments from Our Site where their content, in Our sole opinion, violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the Blogs, Posts, Photos, Videos, Files, Links, Events, or Market posts or Comments in question should be removed as a result.

5.Intellectual Property Rights and Use of Other Users’ Blogs, Posts and Comments

1. The content of Blogs, Posts and Comments on Our Site and the copyright and other intellectual property rights subsisting therein, unless specifically labelled otherwise, belongs to or has been licensed by the User identified along with the Blog, Post or Comment in question.  All such content is protected by applicable United Kingdom and international intellectual property laws and treaties.
2. You may copy and share (re-blog) portions of other Users’ Posts and Comments within Our Site, provided that the original author thereof is credited.
3. Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyright, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; the making of personal copies for private use; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

6.Third Party Intellectual Property

1. Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties.  This Content, unless expressly stated to be so, is not covered by any permission granted by Clauses 4 and 5 of these Terms of Use to use Content from the Site.  Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.

7.Acceptable Usage Policy

1. You may only use Our Site (including, but not limited to, the creation of Blogs, Posts and Comments) in a manner that is lawful and that complies with the provisions of this Clause 7.  Specifically:
   1. you must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;
   2. you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent or defamatory or is reasonably deemed to be so;
   3. you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
   4. you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
2. When creating Blogs, Posts, Photos, Files, Links, Market posts, Member information or Comments (or communicating in any other way using Our Site), you must not post, communicate or otherwise do anything that:
   1. is sexually explicit;
   2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
   3. promotes violence;
   4. promotes or assists in any form of unlawful activity;
   5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
   6. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
   7. is calculated or is otherwise likely to deceive;
   8. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
   9. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.2);
   10. implies any form of affiliation with Us where none exists;
   11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade-marks and database rights) of any other party; or
   12. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
3. We reserve the right to suspend or terminate your Account and/or your access to Our Site if you materially breach the provisions of this Clause 7 or any of the other provisions of these Terms of Use.  Specifically, We may take one or more of the following actions:
   1. suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
   2. remove any content submitted by you that violates this Acceptable Usage Policy;
   3. issue you with a written warning;
   4. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
   5. take further legal action against you as appropriate;
   6. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
   7. any other actions that We deem reasonably appropriate (and lawful).
4. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.

8.Links to Other Sites

1. This Site may contain links to other sites.  Unless expressly stated, these sites are not under the control Your Business Live or that of Our affiliates.  We assume no responsibility for the content of such Sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Site does not imply Our endorsement of the sites themselves or of those in control of them.

9.Links to Our Site

1. You may link to Our Site provided that:
   1. you do so in a fair and legal manner;
   2. you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
   3. you do not use any logos or trade-marks displayed on Our Site without Our express written permission; and
   4. you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
2. You may not link to Our Site from any other site the content of which contains material that:
   1. is sexually explicit;
   2. is obscene, deliberately offensive, hateful, or otherwise inflammatory;
   3. promotes violence;
   4. promotes or assists in any form of unlawful activity;
   5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
   6. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
   7. is calculated or is otherwise likely to deceive another person;
   8. is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
   9. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 9.4);
   10. implies any form of affiliation with Us where none exists;
   11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade-marks and database rights) of any other party; or
   12. is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

10.Accounts

1. In order to access the Applications on this Site, you are required to create an Account which will contain certain personal details which may vary based upon the type of Account that you choose.  By continuing to use this Site you represent and warrant that:
   1. all information you submit is accurate and truthful;
   2. you have permission to submit Payment Information where permission may be required; and
   3. you will keep this information accurate and up-to-date.
2. Your creation of an Account is further affirmation of your representation and warranty.
3. Sharing of accounts is not permitted unless We expressly authorise it in writing.  You are required to keep your Account details confidential and must not reveal your username and password to anyone.  If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
4. When choosing your username you are required to adhere to the terms set out above in Clause 8.  Any failure to do so could result in the suspension and/or deletion of your Account.

11.Subscriptions and Cancellation

1. To be accepted as a member you agree to pay the annual subscription charge for the minimum subscription period of one year (the Subscription period). The subscriptions are not refundable.
2. If you join as a member and pay by card or direct debit, you agree to our payment processor storing your payment card information. You also agree to pay the subscription charges for membership, as they become due each month or year, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay subscriptions continues through the end of the subscription period
3. You will be given access to Your Business Live as soon as the first payment is received by Your Business Live
4. Cancelling a subscription: if you wish to cancel your subscription at the end of the minimum subscription period of 12 months, you must contact us at least one month in advance of the end of the subscription period in writing. Send an email to info@yourbusinesslive.com or write to the address shown in section 1’.
5. Subscription charges commence on the date that you activate your subscription.  Your credit / debit card/ direct debit will be billed on activation and monthly or annually thereafter until you cancel your recurring subscription under sub-Clause 11.7. For further information on subscriptions and pricing, please visit Our subscriptions page.
6. No part of this Site constitutes a contractual offer capable of acceptance.  Your order for a subscription constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acceptance is indicated by Us sending to you a subscription confirmation email.  Only once We have sent you a subscription confirmation email will there be a binding contract between Your Business Live and you.
7. Access to applications of the site shall commence immediately upon Our receipt of your first subscription.  When completing the subscription process, you will be required to expressly acknowledge that you wish the access to be available immediately.  You will also be required to expressly acknowledge that by doing so, you will lose your statutory right to cancel your contract with Your Business Live.

12.Termination

1. Either Pitchcom or you may terminate your Account and (where relevant) your subscription.  If We terminate your Account or subscription, you will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing we reserve the right to terminate without giving reasons.
2. If We terminate your Account as a result of your breach of these Terms of Use you will not be entitled to any refund.  Such terminations can be appealed by Setting out your appeal in writing to info@yourbusinesslive.com with 30 days of the termination.
3. If We terminate your Account or subscription, you will cease to have access to the applications from the date of termination.
4. If you terminate your Account or subscription at the end of the minimum subscription period, you will continue to have access to the applications for the remainder of your subscription period as per sub-Clause 11.4.
5. If your wrongly terminate your subscription, you will remain liable for the full balance outstanding.

13.Followers

1. A user can become a ‘Follower’ by ticking the ‘Follow’ button for the member or members they wish to follow.
2. Once the ‘Follow’ button is ticked, the user applying to be a Follower must give their email address and tick to agree these Terms of Use and Privacy Terms.
3. In signing up as a Follower you agree to the following:
   1. You agree to be bound by the Terms of Use and Privacy terms to the extent they apply to you.
   2. Your email address is visible to the Member you are following and the site administration
   3. The Member and the administrator of the network can communicate to you using the email address you have supplied

14.Privacy

1. Use of the Site is also governed by Our Privacy Policy ( See the policy  at the Privacy Page)  which is incorporated into these Terms of Use by this reference.  To view the Privacy Policy, please click on the link above.
2. The Site places cookies onto your computer or device. 

15.How We Use Your Personal Information (Data Protection)

1. All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
2. We may use your personal information to:
   1. Provide Our Service to you;
   2. Process your payments to Us; and
   3. Inform you of new products and services available from Us.  You may request that We stop sending you this information at any time.
3. In certain circumstances (if, for example, you wish to make a purchase on credit), and with your consent, We may pass your personal information on to credit reference agencies.  These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
4. We will not pass on your personal information to any other third parties without first obtaining your express permission.

16.Legal Rights and Disclaimers

1. We make no warranty or representation that the Site will be compatible with all systems, or that it will be secure.
2. Whilst every reasonable endeavour has been made to ensure that all information provided on this Site will be accurate and up to date, We make no warranty or representation that this is the case.  We make no guarantee of any specific results from the use of our Service.
3. No part of this Site is intended to constitute advice and none of the Content nor the Content of this Site should be relied upon when making any decisions or taking any action of any kind.
4. The information on this Site is not designed with onward commercial purposes in mind.  We make no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
5. Whilst We exercise all reasonable skill and care to ensure that the Site is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

17.Availability of the Site and Modifications

1. We accept no liability for any disruption or non-availability of the Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and state-mandated censorship.
2. We reserve the right to alter, suspend or discontinue any part (or the whole of) the Site including, but not limited to, the Content available.  These Terms of Use shall continue to apply to any modified version of the Site unless it is expressly stated otherwise.

18.Limitation of Liability

1. To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Site or the use of or reliance upon any content included on the Site.
2. To the fullest extent permissible by law,We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to the Site or any content included on the Site.
3. If you are a commercial user,We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
4. We exercise all reasonable skill and care to ensure that the Site is free from viruses and other malware.  Subject to sub-Clause 16.7, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of the Site (including the downloading of any content from it) or any other site referred to on the Site.
5. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of the Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
6. We accept no responsibility or liability for the nature, accuracy, usage, meaning, or intent of any content posted whatsoever. All such responsibility rests with each individual member.
7. In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms of Use and shall not affect the validity and enforceability of the remaining Terms of Use.  This term shall apply only within jurisdictions where a particular term is illegal.

19.No Waiver

1. In the event that any party to these Terms of Use fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

20.Previous Terms of Use

1. In the event of any conflict between these Terms of Use and any prior versions thereof, the provisions of these Terms of Use shall prevail unless it is expressly stated otherwise.

21.Third Party Rights

1. Nothing in these Terms of Use shall confer any rights upon any third party.  The agreement created by these Terms of Use is between you and Your Business Live.

22.Communications/ Contacting us

1. All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to info@communicrowd.com  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
2. We may from time to time, if you opt to receive it, send you information about Our products and/or services.  If you do not wish to receive such information, please click the “unsubscribe” link in emails from us.

23.Law and Jurisdiction

1. These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with English law and will be subject to the jurisdiction of the English Courts.