Mosaicappeals.com terms and conditions

Introduction

These Terms are a contract which sets out Your rights and obligations and those of The Mosaic Appeal, a division of The Bubblegate Company Limited of Cage Farm Studio, Stowting Hill, Stowting, Kent TN25 6BE, Company Number 05774800, ('We' or 'Us') in relation to this Site (as defined below) and the Services offered through it.

You are required to accept these Terms in order for your registration with the Site to become active. If You do not accept these Terms, then You will not be allowed to continue with your registration with the site.

We reserve the right to change these Terms at any time by posting changes online. You are advised to check this page regularly to review the Terms. Your continued use of the Site and/or the Services after these changes are posted constitutes Your acceptance of these Terms as modified by the posted changes.

1 In these Terms:

1.1 ‘Appeal Organiser’ means a person who registers with us as the person responsible for an appeal, which may or may not be a registered charity

1.2 ‘The Mosaic Appeal’ means Our service which allows you to create a virtual mosaic on our website, and raise funds by selling tiles from that mosaic. It may also be referred to as ‘Mosaic Appeal‘, ‘Mosaic Appeals’, ‘The Mosaic Appeals’, and ‘mosaicappeals.com’.

1.3 ‘Intellectual Property Rights' means patents, trade marks, service marks, design rights (whether registerable or otherwise), applications for any of the foregoing, copyright, knowhow, database rights, trade or business names and other similar rights or obligations whether registerable or not in any country (including without limitation the United Kingdom);

1.4 ‘Logos' means Our logos, trade marks, trade names or other signs (including without limitation any trade mark applications or registrations) in relation to the Services from time to time and any other images, logos, brands on and the design of the webpage and to which You have access on the Site;

1.5 ‘Site' means the website set up by Us to operate the Services from time to time;

1.6 ‘We', ‘Us' or ‘Our' means The Mosaic Appeal (and the referring names stated above), of the above address;

1.7 ‘You' or ‘Your' means an Appeals Organiser;

1.8 Clause 6 shall apply to Registered Users only. All other Clauses shall apply to all Visitors.

2 Your Use of the Site

2.1 You are entitled to use the Site, to introduce information to it only in accordance with these Terms.

2.2 You shall not use any part of the functionality or content of the Site to:

2.2.1 send, receive, upload, download, store, use, distribute or publish any material which is offensive, obscene, abusive, harassing, inaccurate, defamatory, or which infringes the statutory or common law rights of any third party;

2.2.2 send or distribute multiple unsolicited emails (‘spam') to any person or entity connected with the Site and/or Services;

2.2.3 use the Site or Services for any purpose save legitimate purposes;

2.2.4 restrict, limit or disturb any access to or normal operation of the Site or Services.

2.3 At all times, the information You provide must be current and accurate. Mosaic Appeals is a live system, so Appeal Organisers must adhere to the strict standards and guidelines practiced by the Advertising Standards Authority for all other forms of advertising or promotion.

2.4 The database gives you access to Donor information. When acquiring these details, You undertake to execute all such documents and do all such things to ensure, insofar as you are able so to do, that You comply in all respects with the provisions of the Data Protection Act 1998 and any other relevant regulations.

2.5 We will charge you for use of the Site in accordance with our charging terms from time to time applying and notified on the Site. If at any time payment of the charges is in arrears we may cancel or suspend your use of the Site (including without limitation the display of information about your appeal) in addition to any other remedies we may have available to us.

3 Intellectual Property Rights

3.1 All Intellectual Property Rights in the Site and in the Logos shall vest in Us or Our licensors.

3.2 You are permitted to view, copy, print, access, download and store extracts of the material or Logos contained on the Site for your own personal use. You may not use any of this material for commercial or public purposes.

3.3 Except where expressly provided within the administration section of the site, You may not (whether directly or indirectly, including through the use of any program) create a database in an electronic form by downloading or storing all or any part of the pages from the Site without Our express written permission. Further, no part of this Site may be reproduced, transmitted to or stored on any other website, disseminated in any electronic or non-electronic form, or included in any public or private electronic retrieval system without Our express written permission.

4 Links

4.1 If We provide access to other websites which We think may be of interest to You. We are unable to accept responsibility for the content or the reliability of the linked websites and We do not necessarily endorse the views expressed within them. We cannot guarantee that these links will work all the time and We have no control over the availability of the linked pages.

5 Virus Protection

5.1 You will use all reasonable endeavours to ensure that You do not introduce any viruses to the Site, corrupt any data on the Site or related websites and databases or in any way have any adverse effect on the Site, related websites and databases, their content and/or the equipment on which they are contained and operated.

5.2 Provided we use all reasonable endeavours to ensure that the material on the Site is free from viruses, We will not accept any responsibility for any loss, disruption or damage to Your data or Your computer system which may occur whilst using material derived from the Site or from any websites accessible via the Site.

5.3 As part of the registration process, You will be asked to choose a password and complete a form. You are responsible for maintaining the confidentiality of this password and are fully responsible for all activities which occur under password. You will notify Us immediately of any unauthorised use of Your password. We will not be liable for any loss or damage arising from Your failure to comply with this section.

6 Appeal Organisers

6.1 Only Appeal Organisers can create or revise details of their appeal on the site.

6.2 You are entirely responsible for all the information that You provide to Us

6.3 We reserve the right to reject, edit or remove (or require You to edit or remove) at any time any information that You Submit to the Site if We consider that You or the information You Submit is in breach of any provision of these Terms and in particular (without limiting the generality of this Clause) if We consider that Your information is defamatory or obscene.

6.4 We reserve the right to use your appeal as an example or case study to demonstrate the efficacy of The Mosaic Appeal.

6.5 By using Mosaicappeals website, You accept that its purpose is to allow You to publicise Your appeal and to facilitate fundraising for that appeal. Mosaicappeals or The Bubblegate Company Ltd does not act as your agent and no agency, partnership or joint venture is to be implied.

7 Our liability to You

7.1 Your use of the Site and the Services is entirely at Your own risk and we give no warranty whatsoever regarding the accuracy of the information supplied by any Appeal Organiser or the quality of the services they may offer. We give no warranty whatsoever that the Site will operate error free or for any consecutive period of time

7.2 We do not limit our liability for death or personal injury as a result of our negligence or that You suffer as a consequence of fraud by Us.

7.3 We shall not be liable to You in contract, tort (including negligence) or otherwise for:

7.3.1 any damage or loss arising from the consequence of viruses received by You via the Site of Our failure to provide the Site in accordance with the User Terms;

7.3.2 any economic loss (including loss of business, contracts, profits, revenues, capital or anticipated savings), any indirect, special or consequential loss, loss of data, goodwill or reputation or for any wasted expense including, but not limited to, losses caused by viruses.

7.4 Subject to Clause 7.2, any liability We may have to You whether in contract, tort (including negligence) or otherwise for any loss or damage suffered by You in relation to the Site is limited to £ 2,000 per year.

7.5 We may suspend or terminate the Site at any time without giving notice to You. We shall have no liability to You for any interruption, delay or failure in access to the Site, irrespective of the cause.

7.6 We are not an agent for and do not represent any Appeals Organiser whose information may be displayed on the Site. Any dealing or interest which You have in respect of any third parties found via the Site are solely between You and the person with whom You are dealing. We have no involvement in the offer of any products or services found via the Site. To the fullest extent permitted by law, We shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as a result of reference and links to such third parties on the Site.

7.7 Except as expressly stated in these Terms, the Site is provided on an ‘as is' basis, and all warranties and conditions, whether express or implied by statute, common law or otherwise (including, but not limited to, fitness for purpose) are hereby excluded to the extent permitted by law.

8 Indemnities

8.1 You shall indemnify and hold Us harmless against all and any losses, costs, damages, liabilities, claims, demands and expenses (including legal fees) suffered or incurred by Us arising out of or connected with:

8.1.1 Your use of the Site;

8.1.2 Your breach of these Terms;

8.1.3 any information Submitted by You including, without limitation, any claims, demands or actions arising from any infringement or alleged infringement of any Intellectual Property Rights by the use, possession or other dealing with Your information.

8.2 You shall promptly notify Us if any claim or demand is made or action brought to which Clause 8.1 may apply.

8.3 We shall promptly notify You if any claim or demand is made or action brought to which Clause 8.1 may apply.

8.4 We shall, if we choose to do so, conduct, at Our own expense, any litigation arising from such claim or demand and all negotiations in connection with it, in which case You will (a) grant to Us exclusive control of any such litigation and such negotiations (b) at Our request and expense afford to Us all reasonable assistance for the purpose of contesting the claim, action or demand and (c) not make any admissions which may be prejudicial to the defence or settlement of the claim, demand or action.

9 Termination of Your Registration

9.1 If You fail to comply with these Terms, We reserve the right to suspend or terminate Your registration or Your access to the Services or parts of it at any time upon written notice direct to the email address with which You have provided us. If We exercise this right You shall not be entitled to any refund or credit of any charges which may have been paid in advance

9.2 You may suspend or terminate Your registration at any time by submitting a request by email to admin@mosaicappeals.com You will receive a message from Us confirming Your suspension or termination.

9.3 We can close or modify the Site or the Services for any reason, at any time, without notice to You. In this case Your registration will come to an end.  This includes, among other circumstances, where a site has become inactive or has failed to be completed.

9.4 The termination of Your registration shall not prejudice or affect any right of action or remedy which shall have accrued or thereafter accrue to either party.

9.5 Clauses 2.1, 6.3, 6.7 to 6.10, 7, 8, 9.6 and 10.2 shall survive the termination of Your registration. All the other Terms shall apply if You continue to access and Use the Site as a Visitor.

10 General

10.1 These Terms do not affect any consumer rights that you may have under the provisions of any applicable law or regulation.

10.2 The provision of the Site and the application of these Terms are governed by English law and shall be subject to the exclusive jurisdiction of the English Courts.

10.3 These Terms shall not create any rights that shall be enforceable by anyone other than You and Us.

10.4 You shall not assign, novate, or otherwise dispose of or deal with Your rights or obligations under these Terms or any part thereof without our consent.

10.5 We may assign, novate or otherwise dispose of our rights and obligations under these Terms. or any part thereof, to any third party without Your consent.

10.6 If any part of these Terms is found to be illegal or unenforceable, this will not affect the validity and enforceability of the remainder of the Terms.

10.7 Our privacy statement also forms part of these Terms and by agreeing to these Terms, You also give Your consent to our using Your personal data as set out in that statement.

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Last updated: Fri 13 Nov 09