- These User Terms
- In accordance with the following user terms (‘User Terms’) and, Colour Hive Limited, its subcontractors, agents, and/or representatives Colour Hive Limited grants you as an authorised user (‘Authorised User’ or ‘you’) of this Colour Hive Limited Web Site (‘Web Site’) certain rights (as set out below) and in return you agree to perform certain obligations.
- Please read these User Terms carefully. They are a legal document and, by your continued use of the Web Site, you agree to be bound by these User Terms. In particular, you agree that you have read and understood the following Clauses:
- Clause 6 – Your Responsibilities
- Clause 7 – Consent to use Your Personal Information
- Clause 8 – Limitation of Liability
- If you do not agree with these User Terms and do not wish to be bound by them, please exit this Web Site and do not use the Web Site in the future.
- If you purchase any services from a Colour Hive Limited online store on this Web Site (“On-Line Store”), your purchase will be subject to the Colour Hive Limited ‘s Subscription Terms displayed in the On-Line Store. Purchases other than from the online store or made via links from the On-Line Store to other Merchants (as defined in Clause 1.5) will be in accordance with Clause 1.5.
- The goods and services (“Merchandise”) which may be purchased by you from companies other than Colour Hive Limited (“Merchants”) via third parties and/or third party web sites linked to this Web Site including without limitation co-branded websites are subject to separate terms and conditions between you and the applicable Merchant. You acknowledge that the applicable Merchant (and not Colour Hive Limited) is solely responsible for the legal fulfilment of orders for such Merchandise and for its quality, suitability and fitness for purpose. You also acknowledge that the selection of any Merchant or the purchase of any item of Merchandise from the information available on the Web Site or the Merchant’s web sites is solely your choice. Any disputes or questions relating to the Merchandise shall be directed to the Merchant in question and you acknowledge that Colour Hive Limited shall have no responsibility, obligations or liability in relation to the Merchandise.
- Licence to Use Material on Web Site
- Colour Hive Limited grants to you a personal, non-exclusive, non-transferable, royalty-free licence to use all the material on the Web Site (including but not limited to: software, documentation, text, pictures, sounds, graphics, articles, video or audio clips, and advertising material) (‘ Colour Hive Limited Material’) on the basis set out in Clause 2.2.
- You are entitled to access, download and transmit (for the purposes expressly permitted in these User Terms) and store the Colour Hive Limited Material for your own personal, non-commercial use provided that you do not:
- remove any notices relating to the ownership of copyright or other Intellectual Property Rights (as defined in Clause 3.1 below) in the Colour Hive Limited Material;
- modify, translate, reverse engineer, reproduce, decompile, disassemble (except as expressly permitted by law) or create derivative works of any of the Colour Hive Limited Material;
- rent, lease, sub-licence, loan, copy or give or transfer any rights in the Colour Hive Limited Material in any form, to any person or entity without the prior written consent of Colour Hive Limited.
- Ownership of Intellectual Property Rights
- Notwithstanding the limited rights granted to you in accordance with Clause 2, Colour Hive Limited, or Colour Hive Limited ‘s suppliers, subcontractors and agents (collectively ‘ Colour Hive Limited Contractors’) (as applicable) shall retain all ownership, title and interest in the intellectual property rights contained in the Colour Hive Limited Material (including but not limited to copyright, database rights, trade marks, patents, service marks, design rights (whether registerable or otherwise) know-how, trade or business names, domain names, goodwill associated with any of the foregoing and other similar rights or obligations whether registerable or not in any jurisdiction in the world (‘Intellectual Property Rights’).
- You agree that any material (including any Intellectual Property Rights in such material), including but not limited to material sent via articles submitted for publication on the Web Site or in using any of the Web Site Services (“User Generated Content”) may be retained as the property of Colour Hive Limited. “Web Site Services” is defined in Clause 5.2 below. Colour Hive Limited shall have no obligations with regard to the User Generated Content to monitor the User Generated Content to ensure that it complies with applicable laws or regulations. You remain solely responsible for the User Generated Content in accordance with Clause 6.
- Duration of User Terms and Termination
- These User Terms are binding upon you immediately. You accept them by your use of this Web Site, and they will remain in force until the earlier of the following:
- you breach any of the terms of the licence granted to you in accordance with Clause 2;
- Colour Hive Limited terminates these User Terms by notice to you at any time in accordance with Clause 9.2; or
- you terminate these User Terms by notice to Colour Hive Limited at any time in accordance with Clause 9.1.
- In the event that these User Terms are terminated for any of the reasons stated above you agree to comply with the following obligations:
- the licence granted to you in accordance with Clause 2 shall be terminated forthwith and you shall have no further rights to use the Colour Hive Limited Material;
- you must delete or destroy any of the Colour Hive Limited Material stored by you in electronic or hard copy form as soon as reasonably practicable; and
- you will have no further rights to access or use the Web Site or the Web Site Services.
- Colour Hive Limited ‘s Responsibilities
- Colour Hive Limited undertakes to use commercially reasonable endeavours to prevent breaches of security of the Web Site.
- Colour Hive Limited makes no representation or warranty that the Web Site or services offered via the Web Site (‘Web Site Services’) will be accessible, or useable by you or error free.
- Colour Hive Limited reserves the right, without notice to you, to remove any Colour Hive Limited Material from the Web Site or to suspend or alter the operation of the Web Site or any Web Site Services, at its sole discretion or for legal or technical reasons. Colour Hive Limited will give you as much notice as possible prior to taking any of the actions described in this Clause 5.3, but prior notice may not always be feasible for a variety of reasons.
- Your Responsibilities
- You agree that you are responsible for the security and use of any user names or passwords needed to access or use the Web Site or any Web Site Services. You must take all reasonable steps to ensure that these user names and passwords are kept confidential and secure and you do not allow any unauthorised person to access the Web Site or any of the Web Site Services using your user name or password.
- You agree that you will not use the Web Site or any of the Web Site Services as follows:
- to send, receive, upload, download, store, use, distribute or publish any material that is offensive, abusive, indecent, defamatory, obscene, or in breach of any other person’s Intellectual Property Rights or breaches any obligation of confidentiality by which you are bound;
- to send or distribute multiple unsolicited e-mails or messages (‘Spam’) or to cause any other person annoyance, inconvenience or worry; and
- for any purposes connected to any business, including sending any unsolicited advertisements or promotional material.
- You agree to indemnify Colour Hive Limited against any claims, costs, expenses or legal proceedings caused as a result of your use of the Web Site or Web Site Services in contravention of Clauses 6.1 and 6.2, further in these circumstances, Colour Hive Limited shall be entitled to treat the contravention as a material breach of these User Terms and terminate the User Terms and any access permission granted to you by Colour Hive Limited forthwith, without notice to you.
- Consent to Use Your Personal Information
- For the purposes of the Data Protection Act 1998, you acknowledge that in the course of registering and using this Web Site and the Web Site Services, certain personal information or data about you will be captured electronically or otherwise and transmitted to Colour Hive Limited and/or Colour Hive Limited Contractors. By accepting these User Terms, you expressly agree to transfer such personal information or data to Colour Hive Limited or Colour Hive Limited Contractors to use, store and process the personal information for the purposes of providing the services offered on this Web Site, or any other connected Colour Hive Limited Web Sites.
- For the purposes of the Data Protection Act 1998, you further agree that Colour Hive Limited or a Colour Hive Limited Contractor involved in the provision of the services offered via this Web Site, may send your personal data outside of the European Economic Area for processing.
- You may revoke the consents given above in Clauses 7.1 and 7.2 by giving notice to Colour Hive Limited in accordance with Clause 9.1, but in those circumstances you must exit the Web Site and will have no further rights to access the Web Site or use the Web Site Services.
- Limitation of Liability
- Colour Hive Limited does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of Colour Hive Limited, its employees, or Colour Hive Limited contractors, and the remainder of this Clause 8 shall not apply to such liability.
- To the extent that Colour Hive Limited is deemed by a court of competent jurisdiction to have any liability to you in contract, tort (including negligence) or otherwise in relation to this Web Site or the Web Site Services, Colour Hive Limited ‘s entire liability shall be limited to £1,000 for any one incident or series of related incidents and up to £2,000 for all incidents in any period of 12 months.
- Colour Hive Limited shall not be liable to you in contract, tort, negligence (other than fraudulent or negligent misrepresentations) or otherwise for:
- any economic loss, (including without limitation, loss of revenue, business, contracts, profits or anticipated savings);
- any loss of goodwill or reputation;
- any loss of data; or
- any special, indirect or consequential loss.
- The express terms of these User Terms are in lieu of all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
The Web Site may contain links to third party web sites which are controlled and operated by parties other than Colour Hive Limited. The links will let you leave the Web Site and Colour Hive Limited is not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of any link on the Web Site does not imply endorsement by Colour Hive Limited of the linked site. If you decide to access linked third party web sites, you do so at your own risk.
- You may send a legal notice to Colour Hive Limited, or any questions you may have concerning these User Terms by e-mail to firstname.lastname@example.org or by post to Subscriptions Department, Colour Hive Limited, 10B Branch Place, London, N1 3GN.
- Such notices will be effective within 3 days of receipt by Colour Hive Limited.
- Colour Hive Limited may send you notice by general notice on this Web Site, by e-mail to your e-mail address on record with Colour Hive Limited, or by post to the geographical address on record with Colour Hive Limited. Such notice will be effective if sent by e-mail or posted on the Web Site, 1 day from the date it was sent or posted on the Web Site. If sent by regular post, it will be effective 3 days after posting by Colour Hive Limited.
- For the purposes of Clauses 1.4, 1.5, 3, 6.3, 7, 8 and 10.8 of these User Terms, Colour Hive Limited shall mean any Colour Hive Limited which means, a Colour Hive Limited subsidiary or holding company, or a subsidiary of that holding company all as defined by Section 736 of the Companies Act 1985, as amended by the Companies Act 1989
- These User Terms form the entire agreement between you and Colour Hive Limited and supersede any other oral or written communications, agreements or representations with respect to your use of this Web Site and Web Site Services.
- Colour Hive Limited reserves the right to add to or change the terms of these User Terms in its sole discretion without prior notice to you. All changes to the User Terms will be effective once posted on the Web Site. Colour Hive Limited will provide notice of the changes to the User Terms for 30 days after posting the amended User Terms on the Web Site. Your continued use of the Web Site or the Web Site Services following Colour Hive Limited ‘s posting of such changes will be regarded by Colour Hive Limited as acceptance of the amended User Terms. If you do not agree to be bound by the amended User Terms you should exit the Web Site and not access or use the Web Site in the future.
- Nothing in these User Terms affects your statutory rights as a consumer.
- If any part of these User Terms are held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these User Terms will not be affected.
- You acknowledge that Colour Hive Limited has entered into these User Terms for its own benefit and for the benefit of each Colour Hive Limited Group Company (as defined in Clause 10.1 above) and these User Terms are intended to be enforceable by each Colour Hive Limited by virtue of the Contracts (Rights of Third Parties) Act 1999.
- Subject to Clause 10.6, a person who is not a party to these User Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these User Terms but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
- If Colour Hive Limited or any Colour Hive Limited contractor is unable to perform any obligation under these User Terms because of a matter beyond its reasonable control, including (but not limited to) fire, flood, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or other disasters or governmental laws and regulations imposed after the fact, or events beyond the reasonable control of v or the Colour Hive Limited Contractors, neither Colour Hive Limited nor any Colour Hive Limited Contractor will have any liability for that failure to perform.
- Your use of the Internet is solely at your risk and subject to all applicable laws, and Colour Hive Limited has no responsibility for any information, software, services or other materials accessed or obtained by you using the Internet.
- Unless otherwise specified on this Web Site, the Colour Hive Limited Materials available on this Web Site are directed solely at those who access the Web Site from the United Kingdom. Colour Hive Limited makes no representation that any Colour Hive Limited Material is appropriate for use elsewhere, or available in any other locations. Those who choose to access this Web Site and the Web Site Services from any other location are solely responsible for compliance with local laws and regulations if, and to the extent, that they are applicable.
- These User Terms are governed by the laws of England, and subject to the non-exclusive jurisdiction of the English Courts.
Colour Hive Limited
10b Branch Place
GB 232 9584 90
Colour Hive Limited is a company incorporated in England and Wales under number 9869889 at the Registrar of Companies for England and Wales