www.theworkcrowd.com is a site operated by The Work Crowd Limited (we or us). We are registered in England and Wales under company number 8651780 and we have our registered office and main trading address at 357 The Strand, LONDON WC2R 0HS. Our VAT number is 194888535.

Use of our site includes accessing, browsing, or registering to use our site, whether as a guest or a registered community member. Please read these Terms of Access and Use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference. By using our site, you confirm that you accept these Terms of Access and Use and that you agree to comply with them and that the site shall be the definitive evidence of our right rights and your obligations to us and other community members and of your rights and our obligations to you. If you do not agree to these Terms of Access and Use, you must not use our site.

Changes to these terms

We may revise these Terms of Access and Use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Changes to our site

We may update the content on our site from time to time, and may change the content at any time.

Accessing our site

Our site is made available free of charge to guests and without further charge to registered community members. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site, such as providing the necessary internet connections. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms of Access and Use and other applicable terms and conditions, and that they comply with them.

Access to your account

You will be provided with the necessary authentication tools for access to the site as part of our security procedures. You must treat any information connected with our security procedures as highly confidential. You must not disclose it to any third party.

We have the right to disable any such tools whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your authentication access tools, you must promptly notify us by the quickest and all means possible.

Use of the site

You agree to access and use your assigned area within the site solely for your own use and for the purposes of your membership of The Work Crowd only and not for the storage of other unconnected data, files or information of whatever nature. You will not permit any access to your area of the site to any third party. You will ensure that any authorised user within your area in the site only has access to data within that area to which they are entitled.

You will not make or attempt to make any amendments to you key Contract data in your area on the site, nor access or interfere in any way with any other user’s account within the site. You may use our site only for lawful purposes. You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
  • For the purpose of harming or attempting to harm minors in any way
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out in Section 8 below
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam)
  • Knowingly 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

Interactive services

We may from time to time provide further interactive services on our site in addition to the core portal project related services, including, without limitation Chat rooms, Bulletin boards (interactive services). In the provision of interactive services to you, we will give to you clear information about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content standards

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • Be accurate (where they state facts)
  • Be genuinely held (where they state opinions)
  • Comply with applicable law in the UK and in any country from which they are posted

Contributions must not:

  • Contain any material which is defamatory of any person
  • Contain any material which is obscene, offensive, hateful or inflammatory
  • Promote sexually explicit material
  • Promote violence
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
  • Infringe any copyright, database right or trade mark of any other person
  • Be likely to deceive any person
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
  • Promote any illegal activity
  • 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
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person
  • Give the impression that they emanate from us, if this is not the case
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in the content in our site, and in the material published in it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not download or print off any content or materials or any illustrations, photographs, video or audio sequences or any graphics, except as permitted by these Terms of Access and Use or otherwise with our prior written consent.

You must not modify the paper or digital copies of any content or materials 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 materials on our site must always be acknowledged.

You also agree not to reproduce, duplicate, copy or re-sell any part of our site and not to access without authority, interfere with, damage or disrupt:

  • Any part of our site
  • Any equipment or network on which our site is stored
  • Any software used in the provision of our site
  • Any equipment or network or software owned or used by any third party

If you print off, copy or download or otherwise use any content from our site in breach of these Terms of Access and Use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Limitation of our liability

Nothing in these Terms of Access and Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user 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 site
  • Use of or reliance on any content displayed on our site

Please note that in particular, we will not be liable for:

  • Loss of profits, sales, business, or revenue
  • Business interruption
  • Loss of anticipated savings
  • Loss of or corruption to any data
  • Loss of business opportunity, goodwill or reputation
  • Any indirect, special or consequential loss or damage, whether or not with the above categories and regardless of whether or not you brought the possibility of such loss or damage to our attention

You are responsible for the security of your own IT systems and we will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it. In the event, notwithstanding the above exclusions, we are found liable to you under whatever head of claim (including in contract, tort (including negligence) or for breach of statutory duty) for any loss, costs, fees, expenses, damages or any other liability, such liability shall be capped to the aggregate of all fees paid or payable by you to us for services we provide over the site.

You agree to indemnify us and save us harmless in respect of all costs, fees, expenses, damages or other liability incurred by us as a result of your breach of these Terms of Access and Use.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Terms of Access and Use. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. Any content you create within or upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any content uploaded by you or created within our site or any other user of our site.

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You undertake to use your own industry standard virus protection software on all content and materials you upload to the site.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of these Terms of Access and Use through your use of our site. When a breach has occurred, we may take such action as we deem appropriate. Failure to comply with these Terms of Access and Use policy constitutes a material breach of the terms of any contract for services between you and us may result in our taking all or any of the following actions:

  • the immediate termination of any such contract
  • Immediate, temporary or permanent withdrawal of your right to use our site
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site
  • Issue of a warning to you
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
  • Further legal action against you
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary

We exclude liability for actions taken in response to breaches of these Terms of Access and Use. The responses described above are not limited, and we may take any other action we reasonably deem appropriate.

Applicable law

These Terms of Access and Use are governed by English law and subject to the non-exclusive jurisdiction of the courts of England and Wales.

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