- The Site and the GoodMad Services may include, but are not limited to, the provision of an online platform whereupon You can be provided with sociable, informative, fun an entertaining content by way of articles, blogs, pictures etc across a variety of different categories in any form, medium or technology now known or hereinafter developed that may be viewed on, accessed through or disseminated and shared publicly on or via the Site for Your use and for the use by other GoodMad Users or potential GoodMad Users across the social world-wide web (“GoodMad Services”).
- By using the Site to access the GoodMad Services, You expressly agree to be bound by these Terms and all applicable laws and regulations. These Terms form a legally binding agreement between You and GoodMad and apply to all GoodMad Users.
- You should read these Terms carefully and ensure that You understand the effect before proceeding to use the GoodMad Services. If You disagree with any part of these Terms, do not use the Site.
- If You violate these Terms, GoodMad may terminate Your use of the Site, bar You from future use of the Site and/or take appropriate legal action against You. GoodMad reserves the right to change these Terms at any time without notice, effective immediately upon posting on the Site. Please check this page periodically. You agree that GoodMad will treat Your use of the the Site to access the GoodMad Services as acceptance of the Terms including Your continued use subsequent to any changes being posted.
- GoodMad CONTENT ON THE SITE
GoodMad gives You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to access and use the GoodMad Services that is provided to You by GoodMad as part of the GoodMad Services for the sole purpose of enabling You to use and enjoy the benefit of the GoodMad Services as provided by GoodMad, in the manner permitted by these Terms.
- GoodMad CONTENT ON THE SITE
All content and the selection and arrangement of such content on the Site constitutes “GoodMad Content” and is either owned by, or licensed to, GoodMad and is subject to copyright, trade mark rights, and other Intellectual Property Rights of GoodMad and licensors of GoodMad. Such GoodMad Content is protected by UK copyright laws and international laws. Any third party trade or service marks present on GoodMad Content not uploaded or posted by You are trade or service marks of their respective owners. Such GoodMad Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of GoodMad or, where applicable, the licensors of GoodMad. GoodMad and/ or its licensors reserve all rights not expressly granted in and to their GoodMad Content. Nothing herein gives You a right to use the GoodMad name or any of the GoodMad trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions You may provide regarding GoodMad, or the GoodMad Services is entirely voluntary and We will be free to use such feedback, comments or suggestions as We see fit and without any obligation to You.
- GENERAL RESTRICTIONS ON USE
Subject to the following express restrictions, GoodMad grants You permission to access and use the Site and the GoodMad Services. You may view Site pages, download Site pages (for caching purposes only) and print Site pages (excluding Site images) and retain a copy of the same solely for Your own personal, non-commercial use. You agree that Your failure to adhere to any of these restrictions shall constitute a breach of these Terms on Your part. You agree:
- not to sell, license, rent, distribute or otherwise exploit any GoodMad Content for any other purposes without the prior written consent of GoodMad or the respective licensors of the GoodMad Content;
- not to post, frame, deep link, publish, reverse engineer or modify or make any derivative works of any part of Site or the GoodMad Services including but not limited to any GoodMad Content, in any medium without GoodMad’s prior written authorisation, unless GoodMad makes available the means for such activity through the functionality offered by the GoodMad Services;
- not to establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
- not to establish a link to the Site in any website that is not owned by You and authorised by GoodMad;
- not to alter or modify any part of the Site or use the same in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- not to access GoodMad Content through any technology or means other than the Site or such other means as GoodMad may explicitly designate for this purpose;
- not to penetrate or attempt to penetrate GoodMad’s security measures;
- not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Site or features that (i) prevent or restrict use or copying of GoodMad Content; or, (ii) enforce limitations on the use of the GoodMad Services or the accessible GoodMad Content;
- not to use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, viruses, trojans, worms, keystroke logger, rootkit, logic bombs or other material which is malicious or technologically harmful;
- not to attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site;
- not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to any GoodMad User of the Site;
- not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching certain provisions above, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach 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 the Site will cease immediately. You are responsible for configuring Your information technology, computer programmes and platform in order to access the Site. You should use Your own virus protection software.
- PRIVACY AND CONFIDENTIALITY
- AVAILABILITY AND SECURITY OF THE SITE
- To ensure that You are kept entertained and up-to-date with what is going on out there, GoodMad shall use reasonable efforts to ensure that scheduled maintenance downtime is kept to a minimum in accordance with industry standards and, where possible, scheduled downtime shall be completed outside of normal UK working hours.
- Unscheduled emergency maintenance may be required at any time. GoodMad agrees however, to use all reasonable efforts to keep emergency maintenance to a minimum and reduce the effects of any emergency maintenance required.
- You acknowledge and agree that to improve the Site and the GoodMad Services, GoodMad may stop (permanently or temporarily) providing the GoodMad Services (or any features within the GoodMad Services) to You generally at GoodMad’s sole discretion, without prior notice to You.
- GoodMad does not warrant the validity and accuracy of information on the Site or otherwise as part of the GoodMad Services or that the same is kept up-to-date. The Site and its content and the GoodMad Services are delivered on an “as-is” and “as-available” basis. GoodMad shall use reasonable endeavours to ensure that the Site and the GoodMad Services and any information it holds on You are kept secure. However, due to the nature of the internet, GoodMad does not represent or warrant to You that:
- Your use of Site and the GoodMad Services will be uninterrupted, timely, secure or free from error at all times, nor that it will provide specific results from use of the Site or any content, search or link on them;
- Your use of the GoodMad Services will meet Your requirements;
- any information obtained or downloaded by You as a result of Your use of the GoodMad Services will be accurate, reliable or free of viruses or contamination or destructive features;
- Your shared UGC will not be used by a third party in various ways;
- there will not be any defects in the operation or functionality of any GoodMad software provided to You as part of the GoodMad Services; and,
- those who intentionally attempt to and/or gain unauthorised access to the same by means such as, without limitation, computer hacking will not be successful.
- HYPERLINKS AND SEARCH RESULTS
The Site may contain hyperlinks or produce search results that reference or link to third party sites throughout the World Wide Web. These are provided for Your ease of reference only and GoodMad do not endorse such websites or accept any responsibility for the content of such websites and cannot therefore guarantee, represent or warrant that the content contained in the websites is accurate, legal and/or inoffensive or that they will not contain viruses or otherwise impact Your computer. By using the Site to search for or link to another website, You agree and understand that You may not make any claim against GoodMad for any damages or Losses, whatsoever, resulting from Your use of the Site to obtain search results or to link to another website. GoodMad advises You to read the terms and conditions including the privacy, cookie and other website policies of any other website that You visit. GoodMad will not be liable for any loss or damage that may arise from your use of such links. “Losses” in this Licence shall be understood to mean any claims, losses, demands, actions, third party claims, damages, costs (including court costs and legal fees), fines, liabilities, obligations, liens and expenses.
- Nothing in this Clause 8 shall exclude or restrict liability for:
- fraudulent misrepresentations;
- any liability where the law does not permit such exclusion of liability; and,
- death or personal injury arising from negligence.
- GoodMad shall not be in breach of any of its obligations under these Terms which arise or occur due to the act, omission, default of You or Your failure to comply with any of Your obligations.
- Subject to Clause 8.1, GoodMad shall not be liable to You under any circumstances whatsoever in contract, tort (including negligence) or otherwise for any consequential, special or incidental loss or damage (whether direct or indirect) or, anticipated profits, business, data, opportunity, revenue, goodwill, or reputation suffered by You arising from Your use of Site to access the GoodMad Services or, any Losses which may be incurred by You as a result of:
- any breach by You of these Terms or breach of warranty by You or Your acts or omissions including Your use of, or inability to use, Site and the GoodMad Services;
- any reliance placed by You on the completeness, accuracy or existence of any GoodMad Content;
- any changes which GoodMad may make to the GoodMad Services, or for any permanent or temporary cessation in the provision of the GoodMad Services (or any features within the GoodMad Services);
- the availability of third party sites or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources; and,
- the acts, omissions and conduct of any GoodMad Users in connection with or otherwise related to Your use of Site and the GoodMad Services.
- The limitations on GoodMad’s liability to You in this Clause 8 shall apply whether or not GoodMad has been advised of, or should have been aware of, the possibility of any such Losses arising.
- You shall indemnify and hold harmless GoodMad on demand, and shall keep GoodMad fully and effectively indemnified against any and all Losses incurred by or asserted against GoodMad, arising out of or in connection with:
- any breach of the Licence by You (other than and to the extent that any losses arise directly from breach of these Terms by GoodMad or through GoodMad’s negligence); and,
- any breach by a third party arising out of Your use of Site and/ or the interactive GoodMad Services.
- Except as expressly set out in these Terms, GoodMad gives no warranties and excludes all other express or implied terms, conditions and warranties including also any implied warranties of merchantability and fitness for a particular purpose to the fullest extent permitted by law.
- ENTIRE AGREEMENT/ SEVERABILITY
These Terms shall be personal to You and You may not assign, transfer, lease or delegate all or any of your rights and obligations hereunder. GoodMad reserves the right to assign or transfer all or any of its rights and obligations under these Terms to any companies in the same group as GoodMad or other third party. In the event of assignment or transfer, notification will either be given to You by e-mail or posted on the Site.
- NO WAIVER
Failure by either GoodMad or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
- LAW AND JURISDICTION
If You are not happy with the way GoodMad deal with any dispute or disagreement between You and GoodMad and You want to take court proceedings, You must do this within England. Relevant English law will apply to the Licence and the relevant courts of England will have exclusive jurisdiction in relation to these Terms.