PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE OUR SITE. BY USING OUR SITE, YOU CONFIRM THAT YOU ACCEPT THESE TERMS AND CONDITIONS OF USE AND THAT YOU AGREE TO COMPLY WITH THEM. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SITE.
1. ABOUT US
Our site is operated by or on behalf of BreachTrace (“We”). You can contact us by email at [email protected]
2. CHANGES TO THESE TERMS
3. USING OUR SITE AND ITS CONTENT
(a) Our Content Aside from user generated content and advertisements, you acknowledge that Breachtrace is the sole owner of all the content published on our site. When we use the word “content” in these terms, this is intended to include – but is not limited to – the following: text, images, videos, graphics, logos, audio files and other material that appear on our site, as well as any material carrying intellectual property rights such as copyrights, trademarks, patents, trade names, logos, trade secrets, designs, databases and others. Any such content belongs to Breachtrace and is protected globally under international intellectual property laws. Any access to or use by you of content appearing on our site or other intellectual property belonging to Breachtrace shall be, unless otherwise prior agreed in writing, on the basis of a limited, temporary, revocable, non-exclusive licence. No content on our site is intended to amount to advice on which should rely. You must obtain professional or specialist advice before taking or refraining from any action on the basis of any 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. We reserve the right to edit or remove any content appearing on our site, at any time, without notice, and in our sole discretion. We do not accept any liability or responsibility whatsoever for any loss or damage caused or arising from any such editing or removal of content. (b) What You May Do With Our Content: Use of our site is strictly on a personal, non-commercial use only basis. So you may share, read, listen to, watch, download or print extracts from the content available on our site for personal, non-commercial use only. As regards printing, you may make one print copy of occasional articles for personal interest only. If you are interested in syndicating or licensing any content from our site, please email us at [email protected]. (c) What You May Not Do With Our Content: Unless expressly permitted, you must not, neither manually nor automatically (through any non-human mechanism or device), do any of the following with any content appearing on our site: • Copy, translate, reproduce, extract, adapt, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, archive, store or in any exploit (commercially or otherwise) any content; • Use any content whatsoever in such a methodical or ordered way that could be construed as creating a database in any format, whether electronic or otherwise; • Deal with any links to or from our content for a commercial purpose, howsoever remote; We reserve the right to temporarily or permanently suspend, block, or deny you access to our site or any part of it, at any time, without notice, and in our sole discretion. We do not accept any liability or responsibility whatsoever for any loss or damage caused or arising from any such temporarily or permanent suspension or denial of access to our site or any part of it.
4. YOUR CONTENT
(a) What We Do With User Submitted Content When you submit content to our site, you grant to Breachtrace a royalty-free, everlasting, worldwide, irrevocable, non-exclusive licence to publish, reproduce, reuse, repackage, revise, edit, display, transmit, broadcast, archive, translate, syndicate, licence, copy, adapt, enter into a database, use for publicity purposes, exploit commercially, extract and use in different areas of our site or in derivative works, your content in Breachtrace or other related publications, in any media, format or other tangible medium of expression now known or hereafter developed (including but not limited to print, e-book, internet, mobile, tablet, Breachtrace branded or affiliated social media channels, PDF, RSS feeds, podcast, radio, TV, webcasts and other digital formats whether streamed or downloadable), and in any language throughout the world, as the we see fit. We also have the right to sublicense your content to other entities within Breachtrace’s group of companies and to third parties. To any permitted extent, you agree to waive your right to agree to be identified as author of any content that you submit, or to object to derogatory treatment. These are what are known as moral rights, which you automatically agree to give up in relation to any content you submit on our site. (b) Our Rules on User Submitted Content You are solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you warrant and represent that: 1. You own or have the necessary licenses, rights, consents, and permissions to use and authorise us to use all patent, trademark, trade secret, copyright or other proprietary rights in any and all submissions; 2. You have the written consent, release or permission of each and every identifiable individual person in your submissions to use their name or likeness; and 3. If you are under the age of 16, you have your parent or guardian’s permission to submit any content. You agree that you will not: 1. Submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including trademarks, privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; 2. Publish inaccuracies, falsehoods or misrepresentations that could damage us or any third party; 3. Submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic or of a sexual nature, harassing, hateful, homophobic, transphobic, racially or ethnically offensive, or encourages hatred of any kind (including but not limited to age, disability, gender, gender orientation, sexual orientation, religion or race), or encourages any other conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or 4. Post advertisements or promote any business (unless agreed with us in writing prior to publication). We reserve the right to remove or not publish submissions without prior notice. We accept no liability or responsibility for the removal or deletion or failure to store any postings, content or other information you submit to us. You acknowledge that when you submit content in any form to Breachtrace we may authorize such content to be distributed or syndicated to or published in other Breachtrace affiliated or branded environments. 6. OUR LIABILITY To the extent permitted by law, we do not accept any responsibility or liability for any content appearing on our site. We are excluded from liability for all conditions, warranties, representations or other statements or terms that may apply to our site or any content on it, whether express or implied. Our site is available on an “as is” basis, and we do not give any warranty or representation at all as to any content that appears on our site. To the extent permitted by law, we will not be liable for any loss or damage, whether in contract, tort (including negligence, defamation, libel, slander, breach of privacy), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: • use of, or inability to use for any length of time, 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 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, 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. 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. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. We will not be liable for any loss or damage that may arise from your use of them. If any portion of these terms is found to be unenforceable or unlawful, this shall not affect the enforceability or validity of any other part of these terms. As regards any third party advertising on our site, which also includes any affiliate links we may include within our content to help us earn additional revenue at no additional cost to you, you should be aware that advertisers are fully responsible for making sure that any material on our site is compliant with the relevant law and regulations to any particularly territory they are viewed and posted in. We do not accept any liability or responsibility whatsoever for content of such material, nor for any loss or damage arising out of any contravention of any applicable law in respect of such material. If you are interested in partnering with Breachtrace or placing advertisements within our site, please contact us at [email protected]
You will be responsible for any harm, loss or damage that we suffer as a result of your violation of these terms, or any breach by you of your agreements, acknowledgments, representations or warranties. You agree to indemnify and hold harmless Breachtrace and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, licensors, from and against all losses, expenses, damages and costs, including all legal costs, resulting from any violation by you of these terms or any breach by you of your agreements, acknowledgments, representations or warranties herein. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this Section 7. In such event, you shall provide us with such cooperation as is reasonably requested by us.
6. APPLICABLE LAW
Whether you are a business or a consumer, these terms, their subject matter and their 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.
7. ENTIRE AGREEMENT
These terms constitute the entire agreement between you and Breachtrace in relation to your use of our site and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Breachtrace respects the rights of others and upholds the highest possible standards of ethical and professional journalism. We take complaints about editorial content seriously and if you need to make a complaint, please contact us at [email protected] and provide us with the information set out below: