This Agreement is a legal document which sets out your rights and obligations, and those of Copious Limited, a company registered in England under registration no. 4213718, who has created and maintains the One Small Deed website ("Copious", "we" or "us"), in relation to this site and the services offered by Copious through it (the "One Small Deed Service").
You must take the time to read and understand this Agreement before registering for the One Small Deed Service. By registering, you accept that you are entering into a contract with us on the terms of this Agreement and become a Registered User ("Registered User(s)"). Visitors to the One Small Deed Service who do not become Registered Users similarly affirm that they are bound by this Agreement each time they access the One Small Deed Service. You should be aware that this Agreement may change from time to time in accordance with Clause 15 below.
In order to use the One Small Deed Service, you must be either 18 years or older or, if aged under 18, you confirm that you are accessing the One Small Deed Service with full parental/guardian consent. Users aged under 18 will also need to get parental/guardian permission before providing personal information to the One Small Deed Service. By registering for the One Small Deed Service, you represent and warrant that you are 18 years or older or, if aged under 18, you have full parental/guardian consent to use the One Small Deed Service. You should provide true and accurate registration information to be a One Small Deed Registered User. As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure.
You, whether you are a Registered User or a non- Registered User, acknowledge that we are not and cannot be responsible for the behaviour of Registered Users - whether on the One Small Deed Service or outside of it. We only provide a venue where the One Small Deed Service may be accessed. In particular, you should be aware that Copious does not generally pre-screen or monitor the material contributed by Registered Users.
Copious reserves the right to withdraw or modify aspects of the One Small Deed Service, or the entirety of it, where we have legal or practical reasons to do so. There may also be times when the One Small Deed Service becomes inaccessible as a result of technical difficulties experienced by Copious or on the Internet. We will, however, use reasonable skill and care to overcome these difficulties where they are within our control. The One Small Deed Service and Copious do not warrant that functions available on the One Small Deed Service will be uninterrupted or error free, that defects will be corrected, or that the One Small Deed Service or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output. For security or other reasons, we may require you to change password or other information which facilitates access to the One Small Deed Service.
It is important that you know how information about you is used and shared and we appreciate your trust in us to do that carefully and sensibly.
We release account and other personal information when we believe release is appropriate to comply with the law, enforce or apply our Terms and Conditions or protect the rights, property or safety of Copious, the One Small Deed Service, our users or others. This includes exchanging information with other organisations or companies for fraud protection. This does not include selling, renting, sharing or otherwise disclosing personally identifiable information from users for commercial purposes.
We reserve the right to suspend or terminate any Registered User's access to the One Small Deed Service, or parts of it, and/or to remove, or require the Registered User to remove material posted on the One Small Deed Service if the relevant Registered User or material appears to us, or to a complainant, to be in breach of any provision of this Agreement.
Any person whose access has been suspended or terminated must not re-register for, or re-access, the One Small Deed Service without our prior consent. You are responsible for everything which is done on or through the One Small Deed Service while your Registered User account is logged on to the One Small Deed Service, or through your email address(es). In addition, we reserve the right to suspend or terminate any Registered User's access to the One Small Deed Service, or parts of it, if the relevant Registered User is unlawful, offensive, threatening, abusive, harmful, discriminatory, obscene, pornographic, false, libellous, defamatory, unreliable or misleading. For completeness, where we reserve a right in this Agreement, it does not mean we will be obliged to exercise it. Also, given the open-access nature of the One Small Deed Service, we cannot prevent determined people whose Registered User Account has been suspended or terminated from re-accessing or re-registering as Registered Users, in breach of their obligations under this Agreement.
You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the One Small Deed Service, nor any activity or communication you make in connection with any One Small Deed Service, will be capable of infringing the intellectual property or other rights of any person or entity, breaching any applicable law, whether criminal, tortious or otherwise, or appearing to be offensive, threatening, abusive, harmful, discriminatory, obscene, pornographic, false, libellous, defamatory, unreliable or misleading.
If you see anything on the One Small Deed Service which appears to infringe this Agreement, then please contact us to inform us of it by clicking on the Flag Inappropriate Content link in the footer of each page of the website, by using the form on our Contact page or by emailing us. We do not generally monitor material contributed by Registered Users before it is placed on the One Small Deed Service due to the nature of User Generated Content and so we are reliant upon users to point out any which infringes this Agreement.
Each Registered User acknowledges that we are entitled to withdraw any material on the One Small Deed Service which appears, whether based on information received from Registered Users or others or our own determination, to be capable of breaching any part of this Agreement, or to bring the One Small Deed Service into disrepute.
Copious has no control over or responsibility for the truth or accuracy of any material available on the One Small Deed Service, whether provided by Registered Users or others. Accordingly, to the extent that the law permits, you release Copious its directors, contractors and employees from all liability arising out of or in connection with the One Small Deed Service and the material included here by Registered Users and other third parties.
The majority of content posted on the One Small Deed Service is created by members of the public. The views expressed are theirs and unless specifically stated are not those of the One Small Deed Service or Copious. Neither the One Small Deed Service nor Copious are responsible for any content posted by members of the public on the One Small Deed Service or for the availability or content of any third party sites that are accessible through the One Small Deed Service. Any links to third party websites from the One Small Deed Service do not amount to any endorsement of that site by the One Small Deed Service or Copious and any use of that site by you is at your own risk.
We will not be liable to you for any loss or damage when this Agreement commences (whether such damage or losses were foreseen, foreseeable, known or otherwise), or for any loss of data, loss of revenue or anticipated profits, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties or any indirect, consequential, special or exemplary damages arising from the use of the One Small Deed Service howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). Copious will also not be liable for any failure to perform any of its obligations under this Agreement caused by matters beyond its reasonable control.
You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to the One Small Deed Service (including the material which is contributed by Registered Users) are owned by Copious. It is easy to copy material which appears on websites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the One Small Deed Service, or any of the material which is found on the One Small Deed Service unless properly licensed to do so by us.
You agree to indemnify and to keep us indemnified against all liabilities, claims and expenses that may arise from any breach of this Agreement by you.
We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of Copious assign, novate, sub-license or otherwise or dispose of this Agreement.
Copious reserves the right to change the Agreement with its Registered Users and non-Registered Users from time to time, and post the new version on the One Small Deed Service. This Agreement, and any new version of it in the future, takes effect immediately. Your continued use of the One Small Deed Service will be deemed acceptance of the updated or amended terms.
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by judicial decree or decision, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been executed with the invalid, illegal or unenforceable provisions eliminated. In the event of a holding of invalidity so fundamental so as to prevent the accomplishment of the purposes of this Agreement, you and Copious shall immediately commence good faith negotiations to remedy such invalidity.
A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
This agreement shall be exclusively governed by the laws of England, and the English courts shall have exclusive jurisdiction over any dispute arising under it.