1.Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
|“Account”||means collectively the personal/identifying information, payment information and credentials used by Users to access parts of the Website and to create Listings and an account required for a User to access certain areas of Our Site, as detailed in Clause 5;|
|“Content”||means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;|
|“User Content”||means content, including but not limited to comments on articles published on Our Site, created and submitted by Users; and|
|“Listing”||means a directory listing posted on the Website by a User which shall provide details of that User’s business including, but not limited to, contact details;|
|“Listed Business”||means any business which features in a Listing;|
|means the fee payable by Users to post a Listing for one calendar month;|
|“Listing Fee Period”||means one calendar month commencing on payment of the Listing Fee;|
|“Listing Free Period”
|means eleven further calendar months immediately following the one calendar month Listing Fee Period;|
|“TestingTruth”||means Testing Truth;|
|means collectively any online facilities, tools, services or information that Testing Truth makes available through the Website either now or in the future;|
|“System”||means any online communications infrastructure that TestingTruth.com makes available through the Website either now or in the future. This includes, but is not limited to, Listings, email addresses, contact forms, email, live chat, forums, comments and online forms.|
|“User” / “Users”||means any third party that accesses the Website and is not employed by Testing Truth and acting in the course of their employment; and any user of Our Site.|
|“Website”||means the website that you are currently using (www.TestingTruth.com).|
|“Our Site”||means this website, www.TestingTruth.com and a reference to “Our Site” includes reference to any and all content included therein (including User Content unless expressly stated otherwise);|
|“We/Us/Our”||means Testing Truth.|
2. Access to Our Site
2.1 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
2.2 Access to Our Site and Listings are provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) and Listings at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) and Listings are unavailable at any time and for any period.
3. Intellectual Property Rights
3.1 Subject to the exceptions in Clause 4 of these Terms and Conditions, all content included on Our Site (unless contained in advertising Listings, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software), including all user-facing material and all underlying content such as code, software and databases, (with the exception of User Content) and the copyright and other intellectual property rights subsisting in that content, unless specifically labelled otherwise, belongs to or has been licensed by Us. Subject to the licence granted to Us under sub-Clause 6.4, Users retain the ownership of copyright and other intellectual property rights subsisting in their User Content. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
3.2 For personal use (including research and private study) only, you may:
3.2.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
3.3 You may not use any content saved from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. For further information, please contact Us at info@TestingTruth.com. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
3.4 You may not systematically copy content from Our Site with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database.
3.5 Subject to sub-Clause 3.2 you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use content or any other material from Our Site.
3.6 If you wish to use any content from Our Site in any way that is not permitted under these Terms and Conditions, please contact Us at info@TestingTruth.com.
3.7 Our status as the owner and author of the content on Our Site (or that of identified licensors or Users, as appropriate) must always be acknowledged.
4. Third Party Intellectual Property
4.1 The Intellectual Property Rights subsisting in the Content of Listings belong to the Listed Businesses to which those Listings pertain unless it is expressly stated otherwise.
4.2 Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties.
4.3 The Content described in this Clause 4, unless expressly stated to be so, is not covered by any permission granted by Clause 3 of these Terms and Conditions to use Content from the Website.
5.1 Certain parts of Our Site (including the ability to submit User Content) may require an Account in order to access them.
5.2 You may not create an Account if you are under 13 years of age.
5.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
5.4 We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers and symbols. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately. We will not be liable for any unauthorised use of your Account.
5.5 You must not use anyone else’s Account.
5.6 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the Data Protection Act 1998, as set out in Clause 20.
5.7 If you wish to close and delete your Account, you may do so at any time. Deleting your Account will result in the removal of your information. Deleting your Account will also remove access to any areas of Our Site requiring an Account for access.
5.8 If you close and delete your Account, any User Content you have submitted to Our Site will also be deleted or anonymised by removing your username and avatar.
6. User Content and Article Submission
6.1 An Account is required if you wish to submit User Content to make an article submission on Our Site. For terms and conditions pertaining to Accounts, please refer to Clause 5.
6.2 If you wish to submit User Content to Our Site, you agree that you will be solely responsible for that User Content. Specifically, you agree, represent and warrant that you have the right to submit the User Content, you own the content and copyrights and that it will not contravene any aspect of Our Acceptable Usage Policy, detailed in Clause 7.
6.3 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.2. You will be responsible for any loss or damage suffered by Us as a result of such breach.
6.4 You retain the ownership of your User Content and all intellectual property rights subsisting therein. By submitting User Content to Our Site, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating or promoting Our Site and / or products. Other Users may also quote your User Content within Our Site in accordance with the provisions of Clause 3.
6.5 If you wish to remove User Content, please contact us on our email address: info@TestingTruth.com. Your User Content will be deleted or anonymised by removing your username and avatar, however due to the functionality of Our Site, any quotes of your User Content will remain.
6.6 We may reject, reclassify, or remove any User Content submitted to Our Site where that User Content, in Our sole opinion, violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.
7. Acceptable Usage Policy
7.1 You may only use Our Site (including, but not limited to, the submission of User Content) in a manner that is lawful and that complies with the provisions of this Clause 7. Specifically:
7.1.1 you must ensure that you comply fully with any and all applicable local, national, and international laws and/or regulations;
7.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
7.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
7.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
7.2 When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:
7.2.1 is sexually explicit;
7.2.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
7.2.3 promotes violence;
7.2.4 promotes or assists in any form of unlawful activity;
7.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
7.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7.2.7 is calculated or is otherwise likely to deceive;
7.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
7.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.2);
7.2.10 implies any form of affiliation with Us where none exists;
7.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party; or
7.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
7.3 We reserve the right to suspend or terminate your Account and/or your access to Our Site if you materially breach the provisions of this Clause 7 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
7.3.1 suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
7.3.2 remove any User Content submitted by you that violates this Acceptable Usage Policy;
7.3.3 issue you with a written warning;
7.3.4 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
7.3.5 take further legal action against you as appropriate;
7.3.6 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
7.3.7 any other actions that We deem reasonably appropriate (and lawful).
7.4 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
8. Links to Other Websites
This Website may contain links to other sites including, but not limited to, those of Listed Businesses. Unless expressly stated, these sites are not under the control of Testing Truth or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
9. Links to Our Site
9.1 You may link to Our Site provided that:
9.1.1 You do so in a fair and legal manner;
9.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
9.1.3 You do not use any logos or trademarks displayed on Our Site without Our express written permission; and
9.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
9.2 You may not link to any page other than the homepage of Our Site, www.TestingTruth.com. Deep-linking to other pages requires Our express written permission.
9.3 Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at info@TestingTruth.com for further information.
9.4 You may not link to Our Site from any other site the content of which contains material that:
9.4.1 is sexually explicit;
9.4.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
9.4.3 promotes violence;
9.4.4 promotes or assists in any form of unlawful activity;
9.4.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
9.4.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
9.4.7 is calculated or is otherwise likely to deceive another person;
9.4.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
9.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 9.4);
9.4.10 implies any form of affiliation with Us where none exists;
9.4.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
9.4.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
9.4.13 Listed Businesses and their associates may place deep-links to their Listings on the Website.
We may feature advertising on Our Site. We are not responsible for the content of any advertising on Our Site. Each advertiser is responsible for the content of their own advertising material. We will not be responsible for any advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions.
11. Listing on the Website
11.1 When submitting a Listing to the Website you should do so in accordance with the following rules:
11.1.1 you must not use obscene or vulgar language;
11.1.2 your Listing may not contain Content that is unlawful or otherwise objectionable (including that which may be in breach of rules, regulations or legislation specific to your business or industry). This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
11.1.3 your Listing may not contain Content that is intended to promote or incite violence;
11.1.4 your Listing should be honest and fair, should not make any unsubstantiated or unsupportable claims, and should not make dishonest or unreasonable comparisons with other businesses;
11.1.5 Listings must be made using the English language(s). Content in any other language may be removed at our sole discretion;
11.1.6 your Listing may not infringe the intellectual property rights of any third party including, but not limited to, copyright and trademarks;
11.1.7 you must not post links to other Websites containing any of the above types of Content;
11.1.8 the means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
11.1.9 your Listing must be placed into the appropriate category with the appropriate tags for the Hobby Sector you belong to;
11.1.10 you must not impersonate other people or businesses;
11.1.11 you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and
11.1.12 you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
11.2 You acknowledge that Testing Truth shall screen, approve (or reject), edit and/or remove any Listing submitted to the Website. Upon notification from Users we may examine Listings and such Listings may be edited and/or removed from the Website.
11.3 Testing Truth may edit your Listing to comply with the provisions of sub-Clause 7.1 without prior consultation. In cases of severe breaches of the provisions of sub-Clause 7.1, your Listing may be removed and your Account may be suspended or terminated. You will be informed in writing of the reasons or any such alterations or removals.
11.4 In order to submit a Listing, you are required to submit certain personal details and/or business details. By continuing to use this Website you represent and warrant that:
11.4.1 any information you submit is accurate and truthful; and
11.4.2 you will keep this information accurate and up-to-date.
11.5 By submitting a Listing you warrant and represent that you are the author of that Listing or that you have acquired all of the appropriate rights and / or permissions to submit it. Testing Truth accepts no responsibility or liability for any infringement of third party rights by such Listings or Content.
11.6 Testing Truth will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Listings, nor for any errors or omissions in Listings. Use of and reliance upon Listings is entirely at your own risk.
11.7 Nothing in these Terms and Conditions shall grant Testing Truth any rights in or to any trademarks or any other intellectual property rights contained within your Listing or any part of it save for the right to display the same on the Website as part of your Listing until you or Testing Truth choose to remove that Listing.
11.8 You acknowledge that Testing Truth may retain copies of any and all communications, information, Content and Listings sent to us or submitted to the Website.
12. Accounts and Listing Fees
12.1 In order to post a Listing on this Website you must create an Account which will contain certain personal details. By creating an Account you represent and warrant that:
12.1.1 all information you submit is accurate and truthful; and
12.1.2 you will keep this information accurate and up-to-date.
12.2 Sharing of accounts is not permitted unless expressly authorised in writing by Testing Truth. You must keep your Account details confidential and should not reveal your username or password to any unauthorised third parties.
12.4 All Fees appearing on this Website are exclusive of Value Added Tax. Value Added Tax shall be added to any and all sums due at the point of sale if Value Added Tax is chargeable at the time of your purchase.
12.5 All transactions processed through this Website are handled by PayPal Holdings, Inc. No payment details are collected or processed by Testing Truth. We do not accept responsibility for any problems you may have in making payment through PayPal Holdings, Inc.
12.8 If you terminate a Listing and/or your Account, your Listing(s) will be removed Listings which Testing Truth rejects in accordance with sub-Clause 7.2 shall not be charged for.
We operate a refund policy that shall, at all times, be subject to our discretion. Any User wishing to receive a refund should contact us for further information.
14. Termination and/or Suspension
14.1 In the event that any of the provisions of sub-Clause 11.2, above, are not followed, Testing Truth reserves the right to suspend or terminate your access to the Service. Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.
14.2 If Testing Truth terminates or suspends your Account as a result of your breach of these Terms and Conditions you will not be entitled to any refund and all of your Listings will be deleted.
16.1 Testing Truth makes no warranty or representation that the Website will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
16.2 Save for the screening and approval of Listings, Testing Truth has neither control over, nor involvement in, any Listed Business and accepts no responsibility for any actions taken, or any goods or services provided, by any Listed Business.
16.3 Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, Testing Truth makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.
16.4 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
16.5 Testing Truth makes no representation or warranty that any part of this Website is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
16.6 Whilst every effort has been made to ensure that all descriptions of services available from Testing Truth correspond to the actual services available, Testing Truth is not responsible for any variations from these descriptions.
16.7 Whilst Testing Truth exercises all reasonable skill and care to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
16.8 The content on Our Site does not constitute advice on which you should rely. It is provided for general information purposes only. Professional, Medical or specialist advice should always be sought before taking any action relating to any of the Hobbies and activities listed on the Website.
16.9 The opinions, views, and values expressed in content on Our Site are those of the authors of that content and do not necessarily represent Our opinions, views, or values.
16.10 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.
17. Availability of the Website and Modifications
17.1 Testing Truth accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
17.2 Testing Truth reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
18. Limitation of Liability
18.1 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Website or the use of or reliance upon any content included on the Website.
18.2 To the fullest extent permissible by law, Testing Truth excludes all representations, warranties, and guarantees (whether express or implied) that may apply to the Website or any content included on it.
18.3 If the User is a commercial user, Testing Truth accepts no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
18.4 Testing Truth exercises all reasonable skill and care to ensure that the Website is free from viruses and other malware. Testing Truth accepts no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect the User’s hardware, software, data or other material that occurs as a result of the User’s use of the Website (including the downloading of any content from it) or any other site referred to on the Website.
18.5 Testing Truth neither assumes nor accepts responsibility or liability arising out of any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
18.6 Nothing in these Terms and Conditions excludes or restricts Testing Truth liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, Users should contact their local Citizens’ Advice Bureau or Trading Standards Office.
18.7 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
19. Viruses, Malware and Security
19.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
19.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
19.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
19.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
19.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
19.6 By breaching the provisions of sub-Clauses 19.3 to 19.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
20. Data Protection
20.1 All personal information that We may collect (including, but not limited to, your name and contact details) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
20.2 We may use your personal information to:
20.2.1 Reply to any communications you send to Us;
20.2.2 Send you important notices, as detailed in Clause 21;
20.3 We will not pass on your personal information to any third parties.
21. Communications from Us
21.1 If We have your contact details, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
21.2 Testing Truth may from time to time send you information about our products and/or services. If you do not wish to receive such information, please Click on the “Unsubscribe” link in the email you receive from us.
21.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at info@TestingTruth.com.
22. Changes to these Terms and Conditions
22.1 We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
22.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
23. Contacting Us
To contact Us, please email Us at info@TestingTruth.com.
24. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Testing Truth.
25. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
26. Law and Jurisdiction
26.1 These Terms and Conditions, and the relationship between the User and Testing Truth (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
26.2 If the User is a consumer, any disputes concerning these Terms and Conditions, the relationship between the User and Testing Truth, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.
26.3 If the User is a business, any disputes concerning these Terms and Conditions, the relationship between the User and Testing Truth, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.