Terms of Service - Saltmarsh Marketing
We are Saltmarsh Marketing Ltd, a limited company incorporated in England with company number 10909069, whose registered office is at 7 Bell Yard, London, England, WC2A 2JR, United Kingdom (Supplier, Business, we, our and us).
You are the person using the Sites (Customer, you, your and yours).
(2) You need to be 18+ to use the Sites. If you represent someone, ensure you can accept these terms for them. Some words here have specific meanings which we've defined throughout and at end of these T&Cs.
(3) Creating an account. You might be allowed to create a user account us via our Site or a third party Site – please follow the steps shown.
(4) Sites. We may use Sites to provide the Services, including the following (collectively, the “Sites”): our Website and, if applicable, its subdomains and app (“our Site”); and third party Sites, for example platforms, websites, apps, including social media sites. We are not responsible for third party Sites, and your use of those Sites is subject to their terms and conditions.
(5) Security. You must not make your account or credentials available to any other person and you accept responsibility for all activities on your account.
(6) Acceptance. By using the Sites, you agree to these T&Cs, as updated from time to time. It’s your responsibility to make sure anyone using the Sites at your organisation follows them. if in our reasonable opinion you breach these T&CS, we might disable your account or revoke your license to use the Sites, at any time.
(7) Updates to the Sites. We may update and change the Sites or any content on them from time to time for any reason, without notice to you.
(8) We can't promise the Sites or any content on them will always be available. We may suspend, withdraw or restrict the availability of all or any part of the Sites for any reason, without notice.
(9) How you may use material on the Sites. We or our affiliates are the owner or the licensee of all Intellectual Property Rights in the Sites, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Don't copy, download, or use our content without permission. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on the Sites must always be acknowledged (except where content is user-generated). If you break this rule, you lose your right to use the Sites, and you must return or destroy any copies of the materials you have made.
(10) Don't use our trade marks or service marks without our prior written consent.
(11) Uploading content to the Sites. If applicable, whenever you upload content to the Sites, or make contact with other users of the Sites, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. Any content you upload to the Sites will be considered non-confidential, non-privileged and non-proprietary. You are solely responsible for securing and backing up your content. You retain all of your ownership rights in your content and grant us the Customer License.
(12) Rights you are giving us to use material you upload or supply to us. Unless otherwise agreed when you upload or post content to our Sites, or supply it to us for podcasts or other audio-visual or written publications and productions, or events, and related marketing materials, whether we are the organiser, host, featured guest or attendee, or otherwise, you grant us the following rights to use that content: a worldwide, non-exclusive, fully paid-up, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, publish and perform that content, in full or in part, including your name, voice, image, likeness and business trade mark(s) or service mark(s), in connection with our Business and Services, anywhere, including across different media, including to promote our Business and Services (“Customer License”). You may terminate the Customer License, subject to any specific license terms and conditions agreed, with 180 days’ written notice.
(13) Infringement of third party rights. If someone claims your uploaded content violates their intellectual property rights or of their right to privacy, we have the right to share your identity with them. We can remove any content you post if it breaches these T&Cs.
(14) User-generated content isn't verified or approved by us, and those users’ views don't reflect ours.
(15) Don't upload content related to terrorism.
(16) We are not responsible for viruses and you must not introduce them. We do not guarantee that the Sites will be secure or free from bugs or viruses. Use protective software. Don’t misuse our Sites. Don’t attack or seek to gain unauthorised access to our Sites, systems, computers, databases or servers etc. Doing so is illegal. In the event of such a breach, your right to use the Sites will cease immediately.
(17) Linking. You may only link to our home page as long as it's fair and legal and doesn't imply endorsement or association on our part where none exists. For any other linking, reach out to us first. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in these T&Cs.
(18) No text or data mining, or web scraping. You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Sites or any services provided via, or in relation to, the Sites. This includes using (or permitting, authorising or attempting the use of): any “robot”, “bot”, “spider”, “scraper”, artificial intelligence or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Sites or any data, content, information or services accessed via the same; or any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations. The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790). This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
(19) We sometimes link to other sites, and these links are provided for your information only. We don’t endorse or approve them and aren't responsible for their content.
(20) Report or complain. If you find illegal or problematic content, let us know using our contact details.
(21) If we remove content you uploaded and you have concerns, contact us.
(22) Affiliate links, third party products and services, and commissions. We may reference the products and services of third party providers or connect and introduce you to them, in some cases in return for a commission payable by those third parties, and there is no charge to you in relation to this.
(23) Acceptable Use Policy
(a) Using our Sites and Services means you accept and follow this Acceptable Use Policy.
(b) Prohibited uses. You may not use the Sites: in any way that breaches any applicable local, national or international law or regulation; in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect; for the purpose of harming or attempting to harm anyone in any way; to bully, insult, intimidate or humiliate any person; to send, knowingly receive, upload, download, use or re-use any material which does not comply with these T&Cs; to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. You also agree: not to reproduce, duplicate, copy or re-sell any part of the Sites in contravention of the provisions of these T&Cs. You also agree not to access without authority, interfere with, damage or disrupt: any part of the Sites, any equipment or network on which the Sites are stored, any software used in the provision of the Sites, or any equipment or network or software owned or used by any third party.
(c) Interactive services. We may from time to time provide interactive services via the Sites, including, without limitation: streaming and live virtual events; group video calls; video-sharing facilities; chat rooms; bulletin boards; forums; or groups or any other interactive service (“interactive services”). Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Sites, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our standards or these T&Cs, whether the service is moderated or not.
(d) Personal use, and prohibition on distribution. Content on the Sites is for your personal, non-commercial use only, and may not be distributed.
(e) Events policy. To the extent that the context permits, these T&Cs apply to your or any person in your Team’s attendance at (or involvement in any way in connection with) live events, whether in person or virtually, including events hosted, sponsored or organised by us.
(f) Breach of this Acceptable Use Policy. When we consider that a breach of this Acceptable Use Policy has occurred, we may take such action as we deem appropriate. Failure to comply with this Acceptable Use Policy constitutes a material breach of these T&Cs upon which you are permitted to use the Sites, and may result in our taking all or any of the following actions: immediate, temporary or permanent withdrawal of your right to use the Sites; immediate, temporary or permanent removal of any contribution uploaded by you to the Sites; issue of a warning to you; legal proceedings against you, including for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; or disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law. We exclude our liability for all action we may take in response to breaches of this Acceptable Use Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
(2) LIMITATION OF LIABILITY
(1) Limitation of liability
(a) References to liability in this clause 2 includes every kind of liability arising under or in connection with these T&Cs, for example liability in contract, tort (including negligence), misrepresentation, restitution, breach of statutory duty, or otherwise.
(b) We do not exclude or limit in any way our liability to you where it would be unlawful to do so, which includes these exceptions: for example, liability for death or personal injury caused by negligence; fraud or fraudulent misrepresentation; and breach of the terms implied by section 2 of the Supply of Goods and Services act 1982 (title and quiet possession).
(c) To the fullest extent permitted by law, and excluding those exceptions, the following types of loss arising out of or in connection with these T&Cs are wholly excluded by us: (i) loss of profits; (ii) loss of sales or business; (iii) loss of agreements or contracts; (iv) loss of use or corruption of software, data or information; (v) loss of or damage to goodwill; (vi) indirect or consequential loss; and (vii) for the avoidance of doubt, including loss arising as a result of our complying with our legal and regulatory duties.
(2) Use of the Sites. Except for the exceptions, in relation to the Sites, we exclude all implied conditions, warranties, representations or other terms that may apply to the Site or any content on them.
(3) Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you, which will be set out in our main agreement with you, and take priority over these T&Cs to the extent that there is any conflict or ambiguity between them.
(4) 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. If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. We recommend that you always try to keep your browser up to date, as newer versions provide higher levels of security.
(4) ASSIGNMENT AND OTHER DEALINGS. (1) These T&Cs are personal to you, and you shall not assign, transfer, subcontract, delegate or deal in any other manner with any of your rights and obligations under these T&Cs, without our prior written consent. (2) We may do so, including by novating these T&Cs (to transfer all our rights and obligations under it), at any time to any person.
(5) SEVERANCE. If any provision or part-provision of these T&Cs are or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If that’ not possible, the relevant provision or part-provision shall be deemed deleted. Any such modification or deletion shall not affect the validity and enforceability of the rest of these T&Cs.
(6) GOVERNING LAW AND JURISDICTION. If you are a business user, these T&Cs and any related dispute or claim will be governed by and construed according to the laws of England, and both parties irrevocably agree that only the courts of England have the authority to settle any dispute or claim. If you are a consumer user, you and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
(7) DEFINITIONS AND INTERPRETATION
(1) We are the business specified in the Legal Information; Supplier, Business, we, our and us shall be interpreted accordingly.
(2) You are the person purchasing the Services, as set out in the Details or correspondence; Customer, you, your and yours shall be interpreted accordingly.
(3) You and us are each a party, together the parties.
(4) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
(5) Legal Information is our legal information, as displayed on our website, Details or other documentation or information supplied to you.
(6) Capitalised terms not defined in the Details will have the meanings in these T&Cs.
(7) Unless the context otherwise requires, words in the singular shall include the plural and vice versa.
(8) Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
(9) A reference to agreed in these T&Cs means agreed in writing between the parties, and a reference to writing or written in these T&Cs includes email.
(10) The headings in these T&Cs are inserted for convenience only and shall not affect its construction.
(11) Team means a party’s agents, officers, contractors, subcontractors, consultants and employees.
(12) Intellectual Property Rights or IPRs include patents, copyright, trade marks and service marks, business names, rights in designs, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered in any part of the world.