Website Terms and Conditions of Use
Welcome to our website! In order to ensure that your rights and the rights of others are protected, the following terms and conditions, govern all use of this website.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
1. What is in these Terms and Conditions?
The terms and conditions set out below explain the rules for using our website: https://www.uncook-book.com/ (our Website).
2. Who we are and how to contact us
- The Website is operated by Given Agency Limited ("us", "our" or "we"). We are a company established under the laws of England and Wales and having its registered office address at 1st Floor 168-178 Shoreditch High Street, London, England, E1 6HU.
- To contact us, please email us at: firstname.lastname@example.org.
3. Accepting these terms
- Our Website allows users to submit their art that may be selected for publication in a book, or otherwise shared on social media and/or for promotional purposes, highlighting established climate solution concepts with imaginative illustration, design and art to help share some real hope with the world.
- By ticking the box 'By ticking this box you agree to our Terms & Conditions', you confirm that you have read and understand these terms and conditions of use and that you agree to comply with them.
4. How you may use our Website
You may use our Website for lawful purposes only. In particular, you may not use our Website:
- in any way that is contrary to any applicable local, national or international law or regulation;
- in any way that is misleading or fraudulent or unlawful in any other way, or has any misleading or fraudulent or unlawful purpose or effect;
- to send, upload, make available, publish, distribute, broadcast or otherwise transmit in any way, download, crop, alter, edit, create or otherwise use any material which does not comply with our Content Standards (as set out below at paragraph 4.4), or to procure, enable or assist anyone else to do so;
- to send, upload, make available, publish, distribute, broadcast or otherwise transmit in any way any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam), or to procure, enable or assist anyone else to do so; and/or
- to 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.
Furthermore, you agree not to access without authority, interfere with, damage or disrupt:
- any part of our Website;
- any equipment or network on which our Website is stored;
- any software used in the provision of our Website; or
- any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our Website, including, without limitation, the ability to upload artwork and media for potential inclusion in a book, sharing on social media or other promotional purposes (the Interactive Services).
You acknowledge and agree that:
- these Interactive Services will only be used by individuals who are eighteen (18) years old or older;
- we may suspend, withdraw or terminate the Interactive Services at our sole discretion for any reason and at any time, without notice to you; and
- we expressly exclude any and all liability for any loss or damage arising from the use of any Interactive Service and/or from the suspension, withdrawal or termination of any Interactive Services.
These standards apply to any and all content and materials which are uploaded or otherwise transmitted or made available by or through our Website, whether by you or any third party (Contribution). They must be complied with in spirit as well as to the letter.
We will determine, in our sole discretion, whether a Contribution is contrary to these standards.
A Contribution must:
- be original;
- be accurate (where it states facts);
- be genuinely held (where it states opinions); and
- comply with the law applicable in England and Wales and in any country from which it is posted.
Videos, photographs, other images and graphics, and written works of any kind (whether electronic or physical) are protected by copyright. A Contribution must not infringe any copyright, database right or trade mark, or any other intellectual property right (including rights which protect the confidentiality of confidential information), of any other person. In particular, by uploading or otherwise transmitting or making available any Contribution by or through our Website, you:
- grant us all consents necessary, and you represent and warrant and undertake that you are permitted to grant all consents necessary, to enable us to make full use of the whole or any part of the Contribution worldwide in perpetuity in any and all media, whether now known or hereafter developed or discovered, without payment, liability (save as specifically set out in this agreement) or acknowledgement to you. Without prejudice to the generality of the foregoing:
- you authorise us to make the Contribution available (whether digitally, or physically) over the internet and/or any social media, to publish and distribute it and to broadcast, exhibit or otherwise transmit it in any way, whether within or as part of other content (including other Contributions) owned, licensed to, controlled or represented by us or otherwise, and to copy and use it in any way, in each case whether by reproducing or storing electronically or otherwise;
- acknowledge and agree that we shall be entitled to digitally, and/or physically edit, alter, copy, add to, adapt or crop the Contribution, at our discretion. You authorise us to make available over the internet and/or any social media, publish, distribute, broadcast, exhibit and otherwise transmit in any way, whether within or as part of other content (including other Contributions) owned, licensed to, controlled or represented by us or otherwise, any such edited, altered, copied, added to, adapted or cropped Contribution and to copy and use it in any way, in each case whether by reproducing or storing electronically or otherwise; and
- represent and warrant and undertake that you are fully entitled to grant all rights and licences in the Contribution to us and that all persons involved in creating the Contribution or any part of it, and all persons who own any copyrights or other intellectual property rights in the Contribution or in any part of it, and all persons (or organisations) who appear in it or can be identified from it, have given their consent to the Contribution being (i) uploaded or otherwise transmitted or made available by or through our Website, and (ii) copied and used in accordance with paragraphs (i) and (ii) above.
You irrevocably waive (in favour of us, our assignees and licensees) and agree to procure the waiver of all moral rights or similar rights arising under the laws of any applicable jurisdiction;
- grant us the right to issue publicity relating to the Contribution and any other work in which the Contribution may be included and to use and publish for such purposes the Contribution, your name, photograph or likeness and details about you for such purposes;
- acknowledge that you understand and agree that we do not undertake to use or exploit your Contribution and its use by us following any upload shall be at our sole discretion;
- represent and warrant and undertake that your Contribution, and that our exercise of the rights and licences granted to us in respect of your Contribution, complies and shall comply with the requirements of all legislation and regulatory requirements in force from time to time relating to the use of personal data. This paragraph is in addition to, and does not reduce, remove or replace, our obligations arising from such requirements;
- do not object to us storing copies of Contributions for as long as we decide at our sole discretion;
- declare that you have not expressly or impliedly granted any right, or entered into any express or implied agreement, or become subject to any express or implied obligation, which would or may prevent you from complying with these terms.
- you agree to indemnify us from and against any claims by any third parties arising from your breach of these terms; and
- agree that Contributions may be viewed by any/all other users and persons more generally.
A Contribution must also not:
- be defamatory of any person;
- be damaging to our reputation;
- be obscene, offensive, hateful or inflammatory;
- bully, insult, intimidate or humiliate;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- be likely to mislead or deceive any person or create any false or misleading impression in any way;
- promote any illegal content or activity;
- be in contempt of court;
- be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- impersonate any person or misrepresent your identity or affiliation with any person; and/or
- contain any advertising or promote any services or web links to other websites.
You acknowledge and agree that Contributions (whether by you or any third party) have not been and may not be verified or approved by us and that the views expressed by any Contribution from you or other users on our Website do not necessarily represent our views or values;
- We reserve the right to edit, suspend and/or remove any Contribution which (in our sole discretion) does not or may not comply with our Content Standards, infringes or may infringe the intellectual property rights or any other rights of any third party, or is or may be unlawful or inappropriate in any way, without further notice to you.
- You acknowledge and agree that notwithstanding paragraph 4.4.7 above, we are under no obligation, whether to you or any third party, to monitor, edit, suspend and/or remove any Contribution and we expressly exclude any and all liability for any loss or damage arising in relation to any Contribution and in relation to the monitoring editing, suspension and/or removal of any Contribution
- Where we monitor, edit, suspend or withdraw any Contribution, we will (without any obligation) normally provide you with a means of contacting us.
How you may use material on our site
- We are the owner or the licensee of all intellectual property rights in relation to our Website. Those works are protected by trade mark laws, copyright laws and treaties relating to intellectual property rights around the world. All such rights are reserved.
- You may print off one copy, and may download extracts, of any page(s) from our Website (including and Contributions) for your personal use and you may draw the attention of others to content posted on our Website provided always that any use, sharing or promotion of the same shall always be:
- in accordance with the Contents Standards, in particular that any use, sharing or promotion of the Website and/or Contributions shall not be defamatory of any person; be damaging to our reputation; and/or promote any illegal content or activity; and
- in the spirit of the Website and the Interactive Services in highlighting established climate solution concepts with imaginative illustration, design and art to help share some real hope with the world.
- You must not modify the paper or digital copies of any of our Website or any Contributions by any third party which you have printed off or downloaded in any way, and 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 our Website must always be acknowledged.
- Except as provided above, you must not copy, use any part of the Website, or any material uploaded by any other user of our Website, for commercial purposes without obtaining a licence to do so from us or our licensors.
5. What data do we collect about you?
- We are the controller and responsible for your personal data collected via the Website.
- Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). We may collect, use, store and transfer different kinds of personal data about you but in particular:
- Identity data: including your first and last names; and
- Contact data: including your email address.
We will collect this data from our direct interactions with you when you seek to upload a Contribution. We will only use your personal data when the law allows us to. By uploading a Contribution and/or providing your identity and contact data as part of any submission, you consent to the processing of your personal data. Notwithstanding this, we also have a legitimate interest in processing such personal data for the purposes of communicating with you about your Contribution.
- This website is not intended for children and we do not knowingly collect data relating to children.
- We will at all times comply with all relevant obligations set out in the data protection laws applicable in England and Wales from time to time and please note that in certain circumstances, you have rights under data protection laws in relation to your personal data. If you have any questions about our privacy practices, please contact us at: email@example.com.
6. Rules about linking
You may link to our home page of the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not:
- establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
- establish a link to our Website in any website that is not owned by you; and/or
- be framed on any other website, nor may you create a link to any part of our Website other than the home page.
- 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 terms and conditions.
- If you wish to link to or make any use of content on our Website other than that set out above, please contact us at: firstname.lastname@example.org.
7. We are not responsible for websites we link to
- Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
- We have no control over the contents of those websites or resources.
8. We may suspend or withdraw our Website
- Our site is made available free of charge.
- We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational and other reasons.
9. Our responsibility for loss or damage suffered by you
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Website; or
- use of or reliance on any content displayed on our Website
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.
When we consider that a breach of these terms and conditions of use has occurred, we may take such action as we deem appropriate which may include:
- immediate, temporary or permanent withdrawal of your right to use our Website;
- the removal of any Contribution uploaded by you to our Website;
- legal action against you; and/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 these terms and conditions of use. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
11. We are not responsible for viruses and you must not introduce them
- We do not guarantee that our Website will be secure or free from bugs or viruses.
- You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
- You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our site is stored or any server, computer or database connected to our Website. You must not attack our Website 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 unlawful acts 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.
12. You must keep your account details safe
- If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
- If you know or suspect that anyone, other than you, knows your user identification code or password, you must promptly notify us at: email@example.com.
13. We may transfer these terms to someone else
We may transfer our rights and obligations under these terms to another organisation and we will try to give you reasonable notice of any transfers.
14. We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated in November 2021.
15. We may make changes to our Website
We may update and change our Website from time to time to reflect changes to our services, our users' needs and our business priorities.
16. Which country's laws apply to any disputes?
These terms and conditions of use and their formation, are governed by the laws of England and Wales. You and we both agree that the courts of England and Wales will have exclusive jurisdiction to adjudicate any dispute arising out of or in connection with these terms and conditions of use. We are however entitled to take action in any other forum and jurisdiction as we deem necessary to protect our rights.