MENTAGE COACHING TERMS OF SERVICE
Last updated September 2021
AGREEMENT TO COACHING TERMS
These Terms of Service constitute a legally binding agreement made
between you, whether personally or on behalf of an entity ("you”) and
Mentage ("we,” "us” or
"our”), concerning your access to and use of the mentage.co website as
well as any other media form, media channel, mobile website or mobile
application related, linked, or otherwise connected thereto (collectively, the "Site”).
You agree that by accessing the Site, you have read, understood, and
agree to be bound by all of these Terms of Service. If you do not agree with
all of these Terms of Service, then you are expressly prohibited from using the
Site and you must discontinue use immediately.
Supplemental Terms of Service or documents that may be posted on the
Site from time to time are hereby expressly incorporated herein by reference.
We reserve the right, in our sole discretion, to make changes or modifications
to these Terms of Service at any time and for any reason.
We will alert you about any changes by updating the "Last
updated” date of these Terms of Service, and you waive any right to receive
specific notice of each such change.
It is your responsibility to periodically review these Terms of
Service to stay informed of updates. You will be subject to, and will be deemed
to have been made aware of and to have accepted, the changes in any revised
Terms of Service by your continued use of the Site after the date such revised
Terms of Service are posted.
The information provided on the Site is not intended for
distribution to or use by any person or entity in any jurisdiction or country
where such distribution or use would be contrary to law or regulation or which
would subject us to any registration requirement within such jurisdiction or
Accordingly, those persons who choose to access the Site from other
locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are
The Site is intended for users who are at least 18 years old.
Persons under the age of 18 are not permitted to register for the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and
all source code, databases, functionality, software, website designs, audio,
video, text, photographs, and graphics on the Site (collectively, the
"Content”) and the trademarks, service marks, and logos contained therein
(the "Marks”) are owned or controlled by us or licensed to us, and are
protected by copyright and trademark laws and various other intellectual
property rights and unfair competition laws of the United States, foreign
jurisdictions, and international conventions.
The Content and the Marks are provided on the Site "AS IS” for
your information and personal use only. Except as expressly provided in these
Terms of Service, no part of the Site and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our express prior
Provided that you are eligible to use the Site, you are granted a
limited license to access and use the Site and to download or print a copy of
any portion of the Content to which you have properly gained access solely for
your personal, non-commercial use. We reserve all rights not expressly granted
to you in and to the Site, the Content and the Marks.
By using the Site, you represent and warrant that:
(1) all registration information you submit will be true, accurate,
current, and complete;
(2) you will maintain the accuracy of such information and promptly
update such registration information as necessary;
(3) you have the legal capacity and you agree to comply with these
Terms of Service;
(4) you are not under the age of 18;
(5) not a minor in the jurisdiction in which you reside, or if a
minor, you have received parental permission to use the Site];
(6) you will not access the Site through automated or non-human
means, whether through a bot, script, or otherwise;
(7) you will not use the Site for any illegal or unauthorized
(8) your use of the Site will not violate any applicable law or
If you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or terminate your account
and refuse any and all current or future use of the Site (or any portion
You are required to register with the Site in order to coach. You
agree to keep your password confidential and will be responsible for all use of
your account and password. We reserve the right to remove, reclaim, or change a
username you select if we determine, in our sole discretion, that such username
is inappropriate, obscene, or otherwise objectionable.
CODE OF CONDUCT
and attend all sessions on time
your availability calendar at all times to ensure booked sessions can take
place as requested by the client
reschedule sessions if absolutely necessary
polite and culturally sensitive to your clients (mentage has a zero-tolerance
policy to any kind of discrimination)
select areas to coach where you are qualified
reserves the right to terminate your account immediately at our sole discretion
should any of the above occur, or any behaviours we deem inappropriate, or not
in the best interest of our platform or users
PAYMENT POLICY AND CHARGES
Use of the site incurs no recurring or membership frees. Mentage
will only ever charge you a commission on paid sessions.
As of 1st January 2021, mentage will take 0% commission due to
current circumstances. Please note that our 1% for the planet charge and
payment fees (taken by our payment provider Stripe) will still apply.
mentage resumes charging fees (to be reviewed in March 2021), commissions will
start at 10% (which includes the 1% for the planet). This rate will fall based
on your prior months revenue, so that coaches are rewarded for their success
and to reduce the total commission paid by any individual coaches. The lowest
rate achievable will be 5%. The thresholds will be based on the overall
performance of the platform and will be regularly reviewed.
As members of 1% for the planet, 1% of every sale is donated to
causes vetted by this organisation. We are audited annually to ensure this. The
1% is taken from our commission amount so the commission charge includes this
may request a withdrawal once their account balance reaches £50, a maximum of
once per month.
you would like to close your account with mentage, please email our support
team. Any paid sessions will be refunded to the client, outstanding balances
will be paid into your account within 30 days and your profile will be removed
from the site.
MENTAGE CLIENT BASE
and sessions held with any clients found on mentage must remain on the
platform. If any evidence is found to suggest users are taking clients session
off the platform their accounts will be terminated immediately.
following actions are not permitted on mentage and may lead to your account
being removed from the platform.
clients off mentage or accepting payment outside the system.
in spamming, disrespectful language, obscenities, theft of personal
or posting false, misleading, or inaccurate information (includes profile,
coach application form etc)
private contact information, which includes social media accounts and channels,
email addresses, blogs, websites, IDs, and usernames.
OTHER PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that
for which we make the Site available. The Site may not be used in connection
with any commercial endeavors except those that are specifically endorsed or
approved by us.
As a user of the Site, you agree not to:
1. systematically retrieve
data or other content from the Site to create or compile, directly or
indirectly, a collection, compilation, database, or directory without written
permission from us.
2. make any unauthorized
use of the Site, including collecting usernames and/or email addresses of users
by electronic or other means for the purpose of sending unsolicited email, or
creating user accounts by automated means or under false pretenses.
3. use a buying agent or
purchasing agent to make purchases on the Site.
4. use the Site to
advertise or offer to sell goods and services.
5. circumvent, disable, or
otherwise interfere with security-related features of the Site, including
features that prevent or restrict the use or copying of any Content or enforce
limitations on the use of the Site and/or the Content contained therein.
6. engage in unauthorized
framing of or linking to the Site.
7. trick, defraud, or
mislead us and other users, especially in any attempt to learn sensitive
account information such as user passwords;
8. make improper use of our
support services or submit false reports of abuse or misconduct.
9. engage in any automated
use of the system, such as using scripts to send comments or messages, or using
any data mining, robots, or similar data gathering and extraction tools.
10. interfere with, disrupt, or create an
undue burden on the Site or the networks or services connected to the Site.
11. attempt to impersonate another user or
person or use the username of another user.
12. sell or otherwise transfer your profile.
13. use any information obtained from the
Site in order to harass, abuse, or harm another person.
14. use the Site as part of any effort to
compete with us or otherwise use the Site and/or the Content for any
revenue-generating endeavor or commercial enterprise.
15. decipher, decompile, disassemble, or
reverse engineer any of the software comprising or in any way making up a part
of the Site.
16. attempt to bypass any measures of the
Site designed to prevent or restrict access to the Site, or any portion of the
17. harass, annoy, intimidate, or threaten
any of our employees or agents engaged in providing any portion of the Site to
18. delete the copyright or other proprietary
rights notice from any Content.
19. copy or adapt the Site’s software,
20. upload or transmit (or attempt to upload
or to transmit) viruses, Trojan horses, or other material, including excessive
use of capital letters and spamming (continuous posting of repetitive text),
that interferes with any party’s uninterrupted use and enjoyment of the Site or
modifies, impairs, disrupts, alters, or interferes with the use, features,
functions, operation, or maintenance of the Site.
21. upload or transmit (or attempt to upload
or to transmit) any material that acts as a passive or active information
collection or transmission mechanism, including without limitation, clear
graphics interchange formats ("gifs”), 1×1 pixels, web bugs, cookies, or
other similar devices (sometimes referred to as "spyware” or "passive
collection mechanisms” or "pcms”).
22. except as may be the result of standard
search engine or Internet browser usage, use, launch, develop, or distribute
any automated system, including without limitation, any spider, robot, cheat
utility, scraper, or offline reader that accesses the Site, or using or
launching any unauthorized script or other software.
23. disparage, tarnish, or otherwise harm, in
our opinion, us and/or the Site.
24. use the Site in a manner inconsistent
with any applicable laws or regulations.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in
blogs, message boards, online forums, and other functionality, and may provide
you with the opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or on the Site,
including but not limited to text, writings, video, audio, photographs,
graphics, comments, suggestions, or personal information or other material
Contributions may be viewable by other users of the Site and through
third-party websites. As such, any Contributions you transmit may be treated as
non-confidential and non-proprietary. When you create or make available any
Contributions, you thereby represent and warrant that:
1. the creation, distribution,
transmission, public display, or performance, and the accessing, downloading,
or copying of your Contributions do not and will not infringe the proprietary
rights, including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
2. you are the creator and owner of or
have the necessary licenses, rights, consents, releases, and permissions to use
and to authorize us, the Site, and other users of the Site to use your
Contributions in any manner contemplated by the Site and these Terms of
3. you have the written consent,
release, and/or permission of each and every identifiable individual person in
your Contributions to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of your
Contributions in any manner contemplated by the Site and these Terms of
4. your Contributions are not false,
inaccurate, or misleading.
5. your Contributions are not
unsolicited or unauthorized advertising, promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. your Contributions are not obscene,
lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or
otherwise objectionable (as determined by us).
7. your Contributions do not ridicule,
mock, disparage, intimidate, or abuse anyone.
8. your Contributions do not advocate
the violent overthrow of any government or incite, encourage, or threaten
physical harm against another.
9. your Contributions do not violate
any applicable law, regulation, or rule.
10. your Contributions do not violate the privacy
or publicity rights of any third party.
11. your Contributions do not contain any material
that solicits personal information from anyone under the age of 18 or exploits
people under the age of 18 in a sexual or violent manner.
12. your Contributions do not violate any federal
or state law concerning child pornography, or otherwise intended to protect the
health or well-being of minors;
13. your Contributions do not include any offensive
comments that are connected to race, national origin, gender, sexual
preference, or physical handicap.
14. your Contributions do not otherwise violate, or
link to material that violates, any provision of these Terms of Service, or any
applicable law or regulation.
Any use of the Site in violation of the foregoing violates these
Terms of Service and may result in, among other things, termination or
suspension of your rights to use the Site.
By posting your Contributions to any part of the Site [or making
Contributions accessible to the Site by linking your account from the Site to
any of your social networking accounts], you automatically grant, and you
represent and warrant that you have the right to grant, to us an unrestricted,
unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free,
fully-paid, worldwide right, and license to host, use, copy, reproduce,
disclose, sell, resell, publish, broadcast, retitle, archive, store, cache,
publicly perform, publicly display, reformat, translate, transmit, excerpt (in
whole or in part), and distribute such Contributions (including, without
limitation, your image and voice) for any purpose, commercial, advertising, or
otherwise, and to prepare derivative works of, or incorporate into other works,
such Contributions, and grant and authorize sublicenses of the foregoing. The
use and distribution may occur in any media formats and through any media
This license will apply to any form, media, or technology now known
or hereafter developed, and includes our use of your name, company name, and
franchise name, as applicable, and any of the trademarks, service marks, trade
names, logos, and personal and commercial images you provide. You waive all
moral rights in your Contributions, and you warrant that moral rights have not
otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain
full ownership of all of your Contributions and any intellectual property
rights or other proprietary rights associated with your Contributions. We are
not liable for any statements or representations in your Contributions provided
by you in any area on the Site.
You are solely responsible for your Contributions to the Site and
you expressly agree to exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit,
redact, or otherwise change any Contributions; (2) to re-categorize any
Contributions to place them in more appropriate locations on the Site; and (3)
to pre-screen or delete any Contributions at any time and for any reason,
without notice. We have no obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings.
When posting a review, you must comply with the following criteria:
(1) you should have firsthand experience with the person/entity
(2) your reviews should not contain offensive profanity, or abusive,
racist, offensive, or hate language;
(3) your reviews should not contain discriminatory references based
on religion, race, gender, national origin, age, marital status, sexual
orientation, or disability;
(4) your reviews should not contain references to illegal activity;
(5) you should not be affiliated with competitors if posting
(6) you should not make any conclusions as to the legality of
(7) you may not post any false or misleading statements;
(8) you may not organize a campaign encouraging others to post
reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We
have absolutely no obligation to screen reviews or to delete reviews, even if
anyone considers reviews objectionable or inaccurate. Reviews are not endorsed
by us, and do not necessarily represent our opinions or the views of any of our
affiliates or partners.
We do not assume liability for any review or for any claims,
liabilities, or losses resulting from any review. By posting a review, you
hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free,
fully-paid, assignable, and sublicensable right and license to reproduce,
modify, translate, transmit by any means, display, perform, and/or distribute
all content relating to reviews.
MOBILE APPLICATION LICENSE
If you access the Site via a mobile application, then we grant you a
revocable, non-exclusive, non-transferable, limited right to install and use
the mobile application on wireless electronic devices owned or controlled by
you, and to access and use the mobile application on such devices strictly in
accordance with the Terms of Service of this mobile application license
contained in these Terms of Service.
You shall not:
(1) decompile, reverse engineer, disassemble, attempt to derive the
source code of, or decrypt the application;
(2) make any modification, adaptation, improvement, enhancement,
translation, or derivative work from the application;
(3) violate any applicable laws, rules, or regulations in connection
with your access or use of the application;
(4) remove, alter, or obscure any proprietary notice (including any
notice of copyright or trademark) posted by us or the licensors of the
(5) use the application for any revenue generating endeavor,
commercial enterprise, or other purpose for which it is not designed or
(6) make the application available over a network or other
environment permitting access or use by multiple devices or users at the same
(7) use the application for creating a product, service, or software
that is, directly or indirectly, competitive with or in any way a substitute
for the application;
(8) use the application to send automated queries to any website or
to send any unsolicited commercial e-mail;
(9) use any proprietary information or any of our interfaces or our
other intellectual property in the design, development, manufacture, licensing,
or distribution of any applications, accessories, or devices for use with the
Apple and Android Devices
The following terms apply when you use a mobile application obtained
from either the Apple Store or Google Play (each an "App Distributor”) to
access the Site:
(1) the license granted to you for our mobile application is limited
to a non-transferable license to use the application on a device that utilizes
the Apple iOS or Android operating systems, as applicable, and in accordance
with the usage rules set forth in the applicable App Distributor’s Terms of
(2) we are responsible for providing any maintenance and support
services with respect to the mobile application as specified in the Terms of
Service of this mobile application license contained in these Terms of Service
or as otherwise required under applicable law, and you acknowledge that each
App Distributor has no obligation whatsoever to furnish any maintenance and
support services with respect to the mobile application;
(3) in the event of any failure of the mobile application to conform
to any applicable warranty, you may notify the applicable App Distributor, and
the App Distributor, in accordance with its terms and policies, may refund the
purchase price, if any, paid for the mobile application, and to the maximum
extent permitted by applicable law, the App Distributor will have no other
warranty obligation whatsoever with respect to the mobile application;
(4) you represent and warrant that (i) you are not located in a
country that is subject to a U.S. government embargo, or that has been
designated by the U.S. government as a "terrorist supporting” country and
(ii) you are not listed on any U.S. government list of prohibited or restricted
(5) you must comply with applicable third-party terms of agreement
when using the mobile application, e.g., if you have a VoIP application, then
you must not be in violation of their wireless data service agreement when
using the mobile application;
6) you acknowledge and agree that the App Distributors are
third-party beneficiaries of the Terms of Service in this mobile application
license contained in these Terms of Service, and that each App Distributor will
have the right (and will be deemed to have accepted the right) to enforce the
Terms of Service in this mobile application license contained in these Terms of
Service against you as a third-party beneficiary thereof.
As part of the functionality of the Site, you may link your account
with online accounts you have with third-party service providers (each such
account, a "Third-Party Account”) by either: (1) providing your
Third-Party Account login information through the Site; or (2) allowing us to
access your Third-Party Account, as is permitted under the applicable Terms of
Service that govern your use of each Third-Party Account.
You represent and warrant that you are entitled to disclose your
Third-Party Account login information to us and/or grant us access to your
Third-Party Account, without breach by you of any of the Terms of Service that
govern your use of the applicable Third-Party Account, and without obligating
us to pay any fees or making us subject to any usage limitations imposed by the
third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Accounts, you understand
that (1) we may access, make available, and store (if applicable) any content
that you have provided to and stored in your Third-Party Account (the
"Social Network Content”) so that it is available on and through the Site
via your account, including without limitation any friend lists and (2) we may
submit to and receive from your Third-Party Account additional information to
the extent you are notified when you link your account with the Third-Party
Depending on the Third-Party Accounts you choose and subject to the
privacy settings that you have set in such Third-Party Accounts, personally
identifiable information that you post to your Third-Party Accounts may be
available on and through your account on the Site.
Please note that if a Third-Party Account or associated service
becomes unavailable or our access to such Third-Party Account is terminated by
the third-party service provider, then Social Network Content may no longer be
available on and through the Site. You will have the ability to disable the
connection between your account on the Site and your Third-Party Accounts at
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE
PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review any Social Network Content for any
purpose, including but not limited to, for accuracy, legality, or
non-infringement, and we are not responsible for any Social Network Content.
You acknowledge and agree that we may access your email address book
associated with a Third-Party Account and your contacts list stored on your
mobile device or tablet computer solely for purposes of identifying and
informing you of those contacts who have also registered to use the Site.
You can deactivate the connection between the Site and your
Third-Party Account by contacting us using the contact information below or
through your account settings (if applicable). We will attempt to delete any
information stored on our servers that was obtained through such Third-Party
Account, except the username and profile picture that become associated with
You acknowledge and agree that any questions, comments, suggestions,
ideas, feedback, or other information regarding the Site
("Submissions") provided by you to us are non-confidential and shall
become our sole property. We shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any lawful purpose, commercial or
otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you
hereby warrant that any such Submissions are original with you or that you have
the right to submit such Submissions. You agree there shall be no recourse
against us for any alleged or actual infringement or misappropriation of any
proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site) links to
other websites ("Third-Party Websites") as well as articles,
photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items belonging to or
originating from third parties ("Third-Party Content").
Such Third-Party Websites and Third-Party Content are not
investigated, monitored, or checked for accuracy, appropriateness, or
completeness by us, and we are not responsible for any Third-Party Websites
accessed through the Site or any Third-Party Content posted on, available
through, or installed from the Site, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices, or other policies of
or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of
any Third-Party Websites or any Third-Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Site and access the
Third-Party Websites or to use or install any Third-Party Content, you do so at
your own risk, and you should be aware these Terms of Service no longer govern.
You should review the applicable terms and policies, including
privacy and data gathering practices, of any website to which you navigate from
the Site or relating to any applications you use or install from the Site. Any
purchases you make through Third-Party Websites will be through other websites
and from other companies, and we take no responsibility whatsoever in relation
to such purchases which are exclusively between you and the applicable third
You agree and acknowledge that we do not endorse the products or
services offered on Third-Party Websites and you shall hold us harmless from
any harm caused by your purchase of such products or services. Additionally,
you shall hold us harmless from any losses sustained by you or harm caused to
you relating to or resulting in any way from any Third-Party Content or any
contact with Third-Party Websites.
We allow advertisers to display their advertisements and other
information in certain areas of the Site, such as sidebar advertisements or
banner advertisements. If you are an advertiser, you shall take full
responsibility for any advertisements you place on the Site and any services
provided on the Site or products sold through those advertisements.
Further, as an advertiser, you warrant and represent that you
possess all rights and authority to place advertisements on the Site,
including, but not limited to, intellectual property rights, publicity rights,
and contractual rights.
[As an advertiser, you agree that such advertisements are subject to
our Digital Millennium Copyright Act ("DMCA”) Notice and Policy provisions
as described below, and you understand and agree there will be no refund or
other compensation for DMCA takedown-related issues.] We simply provide the
space to place such advertisements, and we have no other relationship with
We reserve the right, but not the obligation, to:
(1) monitor the Site for violations of these Terms of Service;
(2) take appropriate legal action against anyone who, in our sole
discretion, violates the law or these Terms of Service, including without
limitation, reporting such user to law enforcement authorities;
(3) in our sole discretion and without limitation, refuse, restrict
access to, limit the availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or
liability, to remove from the Site or otherwise disable all files and content
that are excessive in size or are in any way burdensome to our systems;
(5) otherwise manage the Site in a manner designed to protect our
rights and property and to facilitate the proper functioning of the Site.
We care about data privacy and security. Please review our Privacy
incorporated into these Terms of Service. Please be advised the Site is hosted
in the United States.
If you access the Site from the European Union, Asia, or any other
region of the world with laws or other requirements governing personal data
collection, use, or disclosure that differ from applicable laws in the United
States, then through your continued use of the Site, you are transferring your
data to the United States, and you expressly consent to have your data
transferred to and processed in the United States.
[Further, we do not knowingly accept, request, or solicit
information from children or knowingly market to children. Therefore, in
accordance with the U.S. Children’s Online Privacy Protection Act, if we
receive actual knowledge that anyone under the age of 13 has provided personal
information to us without the requisite and verifiable parental consent, we
will delete that information from the Site as quickly as is reasonably
DIGITAL MILLENNIUM COPYRIGHT ACT
(DMCA) NOTICE AND POLICY
We respect the intellectual property rights of others. If you
believe that any material available on or through the Site infringes upon any
copyright you own or control, please immediately notify our Designated
Copyright Agent using the contact information provided below (a
A copy of your Notification will be sent to the person who posted or
stored the material addressed in the Notification. Please be advised that
pursuant to federal law you may be held liable for damages if you make material
misrepresentations in a Notification. Thus, if you are not sure that material
located on or linked to by the Site infringes your copyright, you should
consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. §
512(c)(3) and include the following information:
(1) A physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed;
(2) identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works on the Site are covered by the
Notification, a representative list of such works on the Site;
(3) identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be removed or access
to which is to be disabled, and information reasonably sufficient to permit us
to locate the material;
(4) information reasonably sufficient to permit us to contact the
complaining party, such as an address, telephone number, and, if available, an
email address at which the complaining party may be contacted;
(5) a statement that the complaining party has a good faith belief
that use of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law;
(6) a statement that the information in the notification is
accurate, and under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed upon.
If you believe your own copyrighted material has been removed from
the Site as a result of a mistake or misidentification, you may submit a
written counter notification to [us/our Designated Copyright Agent] using the
contact information provided below (a "Counter Notification”).
To be an effective Counter Notification under the DMCA, your Counter
Notification must include substantially the following:
(1) identification of the material that has been removed or disabled
and the location at which the material appeared before it was removed or
(2) a statement that you consent to the jurisdiction of the Federal
District Court in which your address is located, or if your address is outside
the United States, for any judicial district in which we are located;
(3) a statement that you will accept service of process from the
party that filed the Notification or the party's agent;
(4) your name, address, and telephone number;
(5) a statement under penalty of perjury that you have a good faith
belief that the material in question was removed or disabled as a result of a
mistake or misidentification of the material to be removed or disabled;
(6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the
requirements described above, we will restore your removed or disabled
material, unless we first receive notice from the party filing the Notification
informing us that such party has filed a court action to restrain you from
engaging in infringing activity related to the material in question.
Please note that if you materially misrepresent that the disabled or
removed content was removed by mistake or misidentification, you may be liable
for damages, including costs and attorney's fees. Filing a false Counter
Notification constitutes perjury.
Submissions should be made to email@example.com
We respect the intellectual property rights of others. If you
believe that any material available on or through the Site infringes upon any
copyright you own or control, please immediately notify us using the contact
information provided below (a "Notification”). A copy of your Notification
will be sent to the person who posted or stored the material addressed in the
Please be advised that pursuant to federal law you may be held
liable for damages if you make material misrepresentations in a Notification.
Thus, if you are not sure that material located on or linked to by the Site
infringes your copyright, you should consider first contacting an attorney.
TERM AND TERMINATION
These Terms of Service shall remain in full force and effect while
you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF
SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT
LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE
YOUR USE OR PARTICIPATION IN THE SITE OR DELETE [YOUR ACCOUNT AND] ANY CONTENT
OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your name, a fake
or borrowed name, or the name of any third party, even if you may be acting on
behalf of the third party.
In addition to terminating or suspending your account, we reserve
the right to take appropriate legal action, including without limitation
pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of
the Site at any time or for any reason at our sole discretion without notice.
However, we have no obligation to update any information on our Site. We also
reserve the right to modify or discontinue all or part of the Site without
notice at any time.
We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may
experience hardware, software, or other problems or need to perform maintenance
related to the Site, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Site at any time or for any reason without
notice to you. You agree that we have no liability whatsoever for any loss,
damage, or inconvenience caused by your inability to access or use the Site
during any downtime or discontinuance of the Site.
Nothing in these Terms of Service will be construed to obligate us
to maintain and support the Site or to supply any corrections, updates, or
releases in connection therewith.
These Terms of Service and your use of the Site are governed by and
construed in accordance with the laws of the State of [name of state] applicable to agreements made and to be
entirely performed within the State/Commonwealth of [name of state], without
regard to its conflict of law principles.
Any legal action of whatever nature brought by either you or us
(collectively, the "Parties” and individually, a "Party”) shall be
commenced or prosecuted in the state and federal courts located in England, and
the Parties hereby consent to, and waive all defenses of lack of personal
jurisdiction and forum non convenience with respect to venue and jurisdiction
in such state and federal courts.
Application of the United Nations Convention on Contracts for the
International Sale of Goods and the Uniform Computer Information Transaction
Act (UCITA) are excluded from these Terms of Service. In no event shall any
claim, action, or proceeding brought by either Party related in any way to the
Site be commenced more than 1 year after the cause of action arose.
There may be information on the Site that contains typographical
errors, inaccuracies, or omissions that may relate to the Site, including
descriptions, pricing, availability, and various other information. We reserve
the right to correct any errors, inaccuracies, or omissions and to change or
update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE
THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR
IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,
LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO £100.
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents, partners,
and employees, from and against any loss, damage, liability, claim, or demand,
including reasonable attorneys’ fees and expenses, made by any third party due
to or arising out of: (1) [your Contributions]; (2) use of the Site; (3) breach
of these Terms of Service; (4) any breach of your representations and
warranties set forth in these Terms of Service; (5) your violation of the
rights of a third party, including but not limited to intellectual property
rights; or (6) any overt harmful act toward any other user of the Site with
whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your
expense, to assume the exclusive defense and control of any matter for which
you are required to indemnify us, and you agree to cooperate, at your expense,
with our defense of such claims. We will use reasonable efforts to notify you
of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Site for the
purpose of managing the Site, as well as data relating to your use of the Site.
Although we perform regular routine backups of data, you are solely responsible
for all data that you transmit or that relates to any activity you have
undertaken using the Site.
You agree that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right of action against
us arising from any such loss or corruption of such data.
TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the
Site, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND
RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which require
an original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than electronic means.
These Terms of Service and any policies or operating rules posted by
us on the Site constitute the entire agreement and understanding between you
and us. Our failure to exercise or enforce any right or provision of these
Terms of Service shall not operate as a waiver of such right or provision.
These Terms of Service operate to the fullest extent permissible by
law. We may assign any or all of our rights and obligations to others at any
time. We shall not be responsible or liable for any loss, damage, delay, or
failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms of Service is
determined to be unlawful, void, or unenforceable, that provision or part of
the provision is deemed severable from these Terms of Service and does not
affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these Terms of Service
or use of the Site. You agree that these Terms of Service will not be construed
against us by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the
electronic form of these Terms of Service and the lack of signing by the
parties hereto to execute these Terms of Service.
In order to resolve a complaint regarding the Site or to receive
further information regarding use of the Site, please contact us at: