1. Introduction
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 You must be at least 16 years of age to use our website.
1.4 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.
2. Copyright notice
2.1 Copyright © 2022 Hitmarker LTD.
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website, and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3. License to use the website
3.1 Unless you own or control the relevant rights in the material, you must not:
(a) sell, rent or sub-license material from our website, or
(b) exploit material from our website for a commercial purpose.
3.2 Notwithstanding Section 3.1, you may redistribute all content on our website in print and electronic form to any person.
3.3 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
4. Acceptable use
4.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any computer virus or other malicious computer software;
(d) conduct any automated data collection activities (including without limitation scraping and data mining) on or in relation to our website;
(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f) violate the directives set out in the robots.txt file for our website, or
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing, and direct mailing).
4.2 You must ensure that all the information you supply to us through our website, or in relation to our website, is complete and accurate.
5. Registration and accounts
5.1 To be eligible for an account on our website under this Section 5, you must be at least 16 years of age.
5.2 You must not allow any other person to use your account to access the website.
5.3 You must notify us in writing immediately if you become aware of any unauthorized use of your account.
6. User login details
6.1 If you register for an account with our website, you will be asked to choose a password.
6.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 9; you must not use your account or user ID for or in connection with the impersonation of any person.
6.3 You must keep your password confidential.
6.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
6.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
7. Cancellation and suspension of account
7.1 We may:
(a) suspend your account;
(b) cancel your account, and/or
(c) edit your account details
at any time in our sole discretion without notice or explanation.
7.2 You may delete your account on our website in your user account settings.
8. Your content: license
8.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, images, video material, and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
8.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store and, with your specific consent, publish your content on and in relation to this website.
8.3 You grant us the right to sub-license the rights licensed under Section 8.2.
8.4 You grant us the right to bring an action for infringement of the rights licensed under Section 8.2.
8.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law, you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
8.6 You may edit your content where applicable using our website’s editing functionality.
8.7 If you breach any provision of these terms and conditions in any way, or if we suspect that you have breached these terms and conditions in any way, we may delete, un-publish, or edit any or all of your content.
9. Your content: rules
9.1 You warrant and represent that your content will comply with these terms and conditions.
9.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
9.3 Your content must not:
(a) be libelous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, database right, or another intellectual property right;
(d) infringe any right of confidence, right of privacy, or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statements;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime, or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be in breach of official secrets legislation;
(j) be in breach of any contractual obligation owed to any person;
(k) be pornographic, sexually explicit, considered "not safe for work" ("NSFW"), or be related to pornography;
(l) be untrue, false, inaccurate, or misleading;
(m) consist of or contain any instructions, advice or other information which, if acted upon, could cause illness, injury, death, or any other loss or damage;
(n) constitute spam;
(o) be offensive, fraudulent, discriminatory, inflammatory, or
(p) cause annoyance, inconvenience or needless anxiety to any person.
We reserve the right to reject any jobs submitted to us that don't meet our quality guidelines.
10. Limited warranties
10.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date, or
(c) that the website or any service on the website will remain available.
10.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation. You will not be entitled to any compensation upon the discontinuance or change of any website services, or if we stop publishing the website. We will not be liable for any occasions where our website isn’t available for any reason.
11. Limitations and exclusions of liability
11.1 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
11.2 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
11.3 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, revenue, or commercial opportunities.
11.4 We will not be liable to you in respect of any loss or corruption of any data, database, or software.
11.5 We will not be liable to you in respect of any loss or damage.
11.6 You accept that we have an interest in limiting the personal liability of our employees and representatives and, therefore, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our employees or representatives in respect of any losses you suffer in connection with the website or these terms and conditions.
11.7 We will not be liable for any loss or damage that may arise from your use of third party websites that we link to on our platform. You agree that we have no responsibility over the operations of any website other than our own.
12. Breaches of these terms and conditions
12.1 If you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently block you from accessing our website;
(d) commence legal action against you, whether for breach of contract or otherwise, and/or
(e) suspend or delete your account on our website.
12.2 Where we suspend or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or blocking (including without limitation creating and/or using a different account).
13. Variation
13.1 We may modify or replace any part of the terms at any time. It is your responsibility to regularly check the terms for changes. Your continued use of our website following the update of any of the terms will mark your acceptance of these changes.
14. Assignment
14.1 You hereby agree that we may transfer or sub-contract our rights and/or obligations under these terms and conditions.
14.2 You may not without our prior written consent transfer or sub-contract any of your rights and/or obligations under these terms and conditions.
15. Severability
15.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
15.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
16. Entire agreement
16.1 These terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
17. Law and jurisdiction
17.1 These terms and conditions shall be governed by and construed in accordance with English law.
17.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
18. Our details
18.1 This website is owned and operated by Hitmarker LTD.
18.2 We are registered in England and Wales under company number 11196693, and our registered office is at i6 Charlotte Square, Newcastle upon Tyne, NE1 4XF, United Kingdom.
18.3 You can contact us:
(a) by post, to the address given above;
(b) using our website's contact form, and/or
(c) by email, to [email protected].
