Terms and Conditions of BuildHub.org.uk
1.1 These Terms and Conditions shall govern your use of our website (including without limitation any topics, posts, personal messages or any other data held on our servers), BuildHub.org.uk and any of its subdomains.
1.2 By using our website, you accept these Terms and Conditions in full; accordingly, if you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use our website.
1.4 Where reference is made to law it shall be the law as it applies in England and Wales.
2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).
3. Copyright notice
3.1 The Copyright of material on this forum is divided between several parties, and members are advised to read the statement below very carefully, and take particular note of paragraph 3.4
3.2 All material on the website created by BuildHub.org.uk is Copyright (c) BuildHub Forum Management Limited and any association or company that may take on the responsibilities of managing BuildHub.org.uk in future.
3.3 The copyright and all intellectual property within the core website software remains owned by the suppliers of that software with a licence granted to use it in accordance with the terms of that licence.
3.4 The copyright of all material posted to BuildHub.org.uk by members rests with them, and members who post material are considered to be publishers in law, so must take heed that they take full responsibility for complying with all laws that apply within the legal jurisdiction of this website relating to the publishing of material, and also consider whether anything they have posted may be considered defamatory. We will make every effort to ensure unlawful, offensive, or defamatory content is removed as quickly as it reasonably practical, but shall not be held liable in any way for any content posted by members.
3.5 By using BuildHub.org.uk you are granting a limited licence to store and use your copyright material. That licence grants us the right to publish your material only on BuildHub.org.uk, to store it, to edit it, to delete it, or to provide copies only as required by law to any authorised person.
3.6 We take the protection of our and our members copyright very seriously. If we discover that you have used our copyright materials, or that of others without licence, in contravention of the licence set out in this notice, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials. You could also be ordered to pay legal costs.
4. Licence to use website
4.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser; and
(c) print pages from our website, subject to the other provisions of these Terms and Conditions.
4.2 You may register to use the website for your own personal use and you must not use our website for any other purposes. When registering to use the website you agree that:
a) Your registration is for personal use, and is not connected in any way to a business, or other commercial organisation;
c ) You will register only once to use the website, and that multiple registrations may be merged or deleted as deemed appropriate.
4.3 Unless you own or control the relevant rights in the material, or have been specifically licensed, you must not:
(a) sell, rent or sub-license material from our website;
(b) exploit material from our website for a commercial purpose; or
(c) redistribute material from our website.
4.4 Unless you own or control the relevant rights in the material, or specifically reference this website and the original member post and respect any explicit terms under which it is shared, you must not:
(a) show any material from our website in public; or
(b) share or republish material on another website;
4.5 If you own or control the relevant rights in the material, you may at your sole discretion and own risk agree by way of a formal statement within your member signature to allow the use of your material without reference or limitation as described in this section.
5. Acceptable use
5.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing) without the express consent of either the copyright holder or Buildhub.org.uk.
5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
5.4 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
5.5 We operate a moderation policy on this website and any breach of these terms and conditions, or persistent malicious or intended actions may lead to the temporary or permanent removal of any member and, where deemed appropriate, their content from this website.
5.6 Membership may be terminated for any other good reason by a vote of two-thirds majority of the voting members of a general vote of Operational Management Committee members. Any such member should be notified prior to any vote and have the reasonable right to canvas voting members before said vote.
6. User Generated Content
6.1 In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.
6.2 This is a public website, and as such we take no responsibility for the views or opinions expressed in any section of the website. The views expressed are those of individual members and do not necessarily reflect the views or opinions of BuildHub.org.uk or BuildHub Forum Management Limited.
6.3 We do not verify, confirm or accept any responsibility for any of the information, advice or material posted in any section of the website. If you use any of the information, advice or material posted you do so solely at your own risk.
6.4 We will not seek to make any commercial gain from your user content without first gaining your express permission. The rights you grant to us are restricted to those expressed in paragraph 3.5
6.5 Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party under the governing law that applies to this website.
6.6 Your user content must not be unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
6.7 You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
6.8 You must not impersonate any person or entity falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any content;
6.9 You must not submit content to the discussion forums or other member’s projects user’s blogs for any commercial purpose, or to advertise goods and services, or operate surveys, contests or chain letters.
6.10 We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
6.11 Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
6.12 Any member or third party who considers your user content (which may include, for example, any post, thread, or portion of any post or thread) to be in breach or potential breach of any of these terms and conditions may submit a request for the content to be investigated by BuildHub Forum Management Limited via any method detailed in paragraph 12.2 of these terms. In response, BuildHub Forum Management Limited will review the user content and determine whether it is deemed to have breached any of these terms and conditions. If so, the user content, and any related content generated by any member, may be removed or edited at the absolute discretion of BuildHub Forum Management Limited. BuildHub Forum Management Limited may not provide reasons for its decision, and no further discussion will be entered into with members(s) or any third party.
7. Limited warranties
7.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
7.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these Terms and Conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
7.3 To the maximum extent permitted by applicable law and subject to Section 8.1, we exclude all representations and warranties relating to the subject matter of these Terms and Conditions, our website and the use of our website.
8. Limitations and exclusions of liability
8.1 Nothing in these Terms and Conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
8.2 The limitations and exclusions of liability set out in this Section 8 and elsewhere in these Terms and Conditions:
(a) are subject to Section 8.1; and
(b) govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms and Conditions.
8.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
8.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
8.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
8.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
8.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
9.1 We may revise these Terms and Conditions from time to time.
9.2 The revised Terms and Conditions shall apply to the use of our website from the time of publication of the revised Terms and Conditions on the website.
10.1 If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
10.2 If any unlawful and/or unenforceable provision of these Terms and Conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
11. Law and jurisdiction
11.1 These Terms and Conditions shall be governed by and construed in accordance with English Law
11.2 Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of England.
12. Our details
12.1 This website is owned and operated by BuildHub Forum Management Limited
12.2 You can contact us:
(a) using our website Private Message system;
(b) using our "Contact Us" facility;
(c) by email, using the email address published on our website from time to time.