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1. Purpose
Please read these terms and conditions carefully. They set out the
terms under which Genderquake.com and hagsharlotsheroines.com (ie
the website operated by Genderquake.org and Genderquake Limited)
is made available to you. These terms and conditions apply to members
and visitors. By accessing both websites you agree to be bound by
these terms and conditions.
This document and the attachments referred to constitute
a legally binding agreement between you and Genderquake.org, and
Genderquake Limited and sets out your rights and obligations and
those of Genderquake (and its associated websites) in relation to
your access to and use of the internet site operated by us with
the domain name
www.genderquake.com (and its variants, .org, net, and co.uk)
and www.hagsharlotsheroines.com
(and its variants, .co.uk). The 'Sites' which expression shall include
all emails (including Updates by Email as defined below) or other
communications sent to you via the Site and the organisation and
all information, products, software, services, features and materials
contained on or offered in conjunction with the Site.
By accessing the Site and registering with us, you
accept without limitation or qualification all of the terms and
conditions in this Agreement (as defined below) and any subsequent
amendments or variations thereof as we, in our sole discretion,
may make from time to time.
2. Variation
We may, at our discretion, vary or amend from time to time this
document and any schedule, appendix or other document (including
but not limited to the Privacy
Policy) which is stated to form part of this document (this
document together with all such schedules, appendices or other documents
being referred to as this "Agreement"). All such amendments
or variations will be effective immediately upon posting of such
amended or varied document on the Sites or once such amendment or
variation is otherwise notified to you. The amendment or variation
shall apply to your use of the Site and to any services offered
to you upon such posting or notification. If you are a registered
member of Genderquake and/or hagsharlotsheroines.com, we will inform
you of any amendments through our email updates. If any provisions
of these conditions is to be held to be unenforceable, it will not
affect the validity and enforceability of the remaining provisions.
Except as provided for in the preceding paragraph
this Agreement may otherwise not be amended or varied except in
writing signed by both parties.
3. The Sites
3.1 Users
There are currently three categories of users whose rights and obligations
in respect of the Site are set out below. We reserve the right to
introduce other classes of users of the Site, granting privileges
to certain classes of users for certain services that are not necessarily
available to all users. Over time, access to certain parts of the
site may be restricted based on these categories of users.
(a) Visitors/Browsers
Anyone who accesses the Sites who has not registered with us under
the procedure provided for below is a visitor (a "Visitor").
Visitors are free to access information about the Sites. As a Visitor,
you will be able to access material on all areas of the Site without
going through the registration process. However you will not be
able to receive Updates by email and as our services develop you
will not be eligible for the discounts and range of services offered
to members of Genderquake and hagsharlotsheroines - although you
will be able to purchase through the site.
(b) Members
Anyone who registers online by filling out the relevant registration
form becomes a member of the respective Site (ie Genderquake and/or
hagsharlotsheroines (a "Member"), and will be given the
right to opt in to membership of both Sites should they so desire.
The Sites and the databases associated with these are owned by both
Genderquake.org and Genderquake Limited. The process is simple.
As a member you will receive regular news of our activities and
offers, (please see Updates by email/post), although you will be
able to opt out of such services during registration. Members should
also read and understand our
Privacy Policy that forms part of this Agreement and governs
the way we will use any information that is submitted as part of
the registration process.
Online submission of your registration form confirms
your agreement to the provisions of this Agreement. In particular,
individuals signing up with both Sites should note that they are
automatically subscribed to the Genderquake Panel, a panel of change
agents, whom we will survey over time as part of our Knowledge services
and internal feedback and market research. Each participant will
receive a free and confidential summary of the findings in confidence
in return for taking part in our panel surveys.
(c) Friends of Genderquale.org
If you choose to become a founding member of Friends of Genderquake.org,
you will also receive privileges in relation to discounts on published
research reports. This subscription based membership involves the
collection of credit card payments online (as well as offline, through
cheques sent in the post or over the telephone). WorldPay is the
service provider of this online payment system. For the avoidance
of doubt, and to give you clarity about the security of your data,
you should also consult their relevant customer information.
Online submission of your registration form confirms
your agreement to the provisions of this Agreement.
3.2 Member Information
By submitting the online registration form you warrant that the
information contained on the form ('Member Information') is true
and accurate in all respects and you have the authority and capacity
to complete the form. You agree to immediately notify us in writing
or email of any changes in Member Information. We reserve the right
to refuse to register you for any reason. You are solely responsible
for the Member Information. If on registration (or on amendment
of your registration details) you provide us with an email or postal
address that will result in any emails or letters we may send you
being sent to you via a computer network operated by or on behalf
of your employer (or similar) then you are warranting that you are
entitled to receive emails at that address. You also agree that
we may refrain from sending you any emails to such address without
notifying you, even if you have subscribed to receive them, if we
receive a request from your employer to stop sending emails to that
address. We may refuse to grant you a user name that impersonates
someone else, is protected by trademark or other proprietary right
law, or is vulgar or otherwise offensive as deemed by us.
3.3 Your Personal Information
We will respect your personal information and undertake to comply
with all applicable UK Data Protection legislation currently in
force. If you are a member you agree that Genderquake may use the
personal information provided by you in accordance with the notification
given to you on the membership registration form. Such use will
be in accordance with our Privacy Policy. If applicable, however,
our use will be subject to any limitations you selected or choices
you made on the registration form. If you are a visitor to Genderquake
our use of your personal information will be in accordance with
our Privacy Policy.
3.4 System Integrity
You agree not to use the Sites - Genderquake and hagsharlotsheroines
- or the services made available to you on or via Genderquake Limited
such that you cause the whole or part of Genderquake Limited or
its services to be interrupted, damaged or rendered less efficient,
or in any way impaired. You undertake to us that you will not use
and that you will not permit the use of any device, software or
programming routine that interferes or attempts to interfere with
the working and functionality of the Site. You undertake not to
take or permit the taking of any action that (in our sole discretion)
imposes an unreasonable or disproportionately large load on our
infrastructure. You also agree that you will not use any robot,
spider, other automotive device or manual process to monitor or
copy our web pages or the content contained on the Site without
our prior written consent.
3.5 Nature of Service
Whilst we recognise that the Internet is not a completely secure
medium of communication, Genderquake Limited has taken steps to
safeguard the security of any information you input on this web
site or send to us on the registration form. Genderquake Limited
is not and will not be responsible for any damages the user may
suffer as a result of the loss of confidentiality of such information.
We reserve the right to suspend, restrict, or terminate
your access to the Sites for any reason.
In order to maintain the integrity of Genderquake
Limited, we reserve the right to forward contact details to the
police, or other regulatory authorities where requested to do so.
We may also forward contact details where a complaint arises concerning
your use of Genderquake Limited and its Sites and where that use
is deemed by us to be inconsistent with these user conditions.
3.6 Our obligations to you,
our members
We will use all reasonable endeavours to maintain the Sites promoted
by Genderquake Limited in a satisfactory operating condition. As
we cannot guarantee that this will always be the case we do not
accept any responsibility for any interruptions, or failures in
the Genderquake service or for any defects that may exist, or for
any costs, loss of profits, loss of data, or consequential losses
arising from your use of, or inability to access or use Genderquake
Limited Sites.
4. Use of the Sites
4.1 Content
The Sites and 'Updates by Email' and letters include facts, views,
opinions and recommendations of individuals and organisations deemed
of interest. All content on both Sites is provided without warranties
or guarantees unless specifically stated. Genderquake Limited makes
all reasonable efforts to ensure that all information provided by
us is accurate at the time of its inclusion. However, there may
be errors, inaccuracies, or omissions in respect of which Genderquake
Limited excludes all liability. Any arrangements made between you
and any third party named on this Site are at your sole risk and
responsibility. We, in our sole discretion, may add, delete or change
some or the entire Site at any time. The content contained in the
Site is presented for information purposes only. The content should
not be considered complete nor should it be relied upon without
first consulting with the appropriate professional. Nothing contained
on the Site should be considered a substitute for professional advice.
Information provided by Genderquake Limited and its
associated Sites is not and shall not be construed as an investment
advertisement, an invitation to invest or otherwise deal in any
shares of any company. Prior to the execution of a share trade or
any other financial dealing, you are advised to consult your financial
representative or other professional adviser. Genderquake Limited
shall have no liability for investment decisions based on the information
provided.
Genderquake Limited, its Sites and its partners, do
not provide any warranty as to the timeliness, accuracy or completeness
of the information on its Sites. That said, Genderquake Limited
makes all reasonable efforts to ensure that information provided
by us is accurate at the time of its inclusion. However, there may
be errors, inaccuracies or omissions in respect of which Genderquake
Limited excludes all liability.
4.2 Proprietary information
You acknowledge and agree that the materials used and displayed
on the Sites including but not limited to text, music, software,
sound, photographs, graphics, video, page layout and design, illustration
and artwork, names, logos, trademarks, service marks and all other
materials are the property of Genderquake Limited and its Sites,
and are protected by copyright, trademark and other laws. You agree
not to modify, copy, reproduce, republish, upload, post, transmit,
rent, loan, sell, lease, license, sub-license or distribute any
material on the Site or create in any way content and/or derivative
works based on the content of the Sites or the Sites itself or services
provided by, or on behalf of Genderquake Limited in whole or in
part without our prior written consent.
Furthermore, you agree that the material and content
contained within or provided by Genderquake Limited and its Sites
is for your use only and may not be distributed commercially without
our permission. You may not display the contents of Genderquake
Limited or its Sites or any part of them in a frame surrounded by
other material not originated by us. Your use of Genderquake Limited
and its Sites logos carries with it no rights in relation to copyright,
trademarks or other intellectual property rights in Genderquake
Limited. The following words, phrases and knowledge contained herein
are deemed to constitute trademarks of Genderquake Limited and Genderquake.org:
Genderquake - Delivering equality, the power behind the new economy,
with accompanying logo; Genderquake Business Cycle with accompanying
graphic. The generic Genderquake logo is also protected; hagsharlotsheroines.com,
co.uk and the hagsharlotsheroines logo.
4.3 News, and Features
Genderquake Limited through its Sites wishes to develop a community
of interest and actively encourages members to send news, articles
and features to us to be published and posted on the Sites. At the
moment, unless these articles have been directly solicited or commissioned
by Genderquake, these news, features and articles will be viewed
at the discretion of the Genderquake and hagsharlotsheroines team.
They may also be edited by the Genderquake and hagsharlotsheroines
team - albeit that we will seek your approval before first posting
them on to the sites. Once the news items or articles are posted
on the site or sites, copyright is assigned to Genderquake Limited.
That said, you warrant that you are solely responsible for any and
all information you wrote in these news and articles, and accept
the consequences that may result from their publication. By way
of example and not limitation your news and articles shall not:
(1) infringe any rights of third parties (including,
but not limited to any intellectual property rights publicity rights
or privacy rights) which such third parties may have in their domestic
jurisdictions;
(2) violate any law, statute or other governmental
or supra-governmental connection or regulation (including, without
limitation, those regulations relating to export control, consumer
protection, unfair competition, misleading advertisements, and to
discrimination);
(3) be defamatory, libellous, threatening or harassing;
4.4 'Postings' on Forums,
Bulletin Boards, and use of chat facilities
Our services include discussion boards and may in the future include
chat areas, and/or other message or communication facilities. You
are solely responsible for any and all information you distribute,
disseminate, publish, post or upload ("Postings') using the
Site and any consequences that may result from your Postings. You
agree that you will be solely liable for any errors or omissions
contained in that Posting. By way of example and not limitation
your Postings shall not:
(1) Infringe any rights of third parties (including,
but not limited to any intellectual property rights publicity rights
or privacy rights) which such third parties may have in their domestic
jurisdictions;
(2) Violate any law, statute or other governmental
or supra-governmental connection or regulation (including, without
limitation, those regulations relating to export control, consumer
protection, unfair competition, misleading advertisements, and to
discrimination);
(3) be defamatory, libellous, threatening or harassing;
(4) be obscene, indecent, or contain pornography;
(5) contain any virus or other computer programming
routines, which are intended to damage, interfere with insert or
extract data or personal information used on or by the Site;
(6) advertise of offer to sell any goods or services
for any commercial purpose without our express written consent;
(7) falsify or delete any author attributions, legal
or other proper notices or proprietary designations or labels of
the origin or source of software or other material contained in
a file that is uploaded to the Site.
You agree and acknowledge that we are not, and do
not hold ourselves out as a publisher with respect to Postings -
as distinct from our position with regard to news and features.
Accordingly we make no representation or warranty that we will read
or screen Postings for content or compliance with this Agreement
or otherwise exercise any form of editorial control over the same.
We reserve the right at all times to disclose any information necessary
to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse or remove a Posting or to remove any
information or materials in whole or in part at our sole discretion.
4.5 Permission to use Postings
You agree to hereby grant us a perpetual royalty free, fully paid-up
licence directly (or indirectly through our agents or distributors)
to use, distribute, sub-license, display, perform, modify, lease
and market, reproduce, copy, and re-publish the Postings (and any
information contained therein) and prepare derivative works thereof
in any form or format and via such media as we in our sole discretion
may deem fit.
4.6 Disclosure of Personal
or Confidential Information
You undertake not to either include in any Posting, or otherwise
disclose on or in connection with your use of the Sites any confidential
information or Personal Information (as defined in our Privacy Policy)
relating to third parties without their express written consent.
You acknowledge that in the course of utilising the Site and concluding
transactions on it you may receive certain confidential information
that has been provided by other users. You agree and undertake to
keep such information confidential and not to disclose any part
of such information to any third party, unless required to do so
by law. Such information shall not be used for any purpose without
the prior written consent of the user to whom such information is
confidential. If you provide Personal Information in your Postings
you should be aware that this Personal Information would be public
and available to any user unless you expressly tell us in writing
not to publish your Personal Information. Always use caution when
giving out any personally identifying information about yourself.
Please read our Privacy Policy before you submit any Personal Information.
5. Updates by Email
As an organisation, we are committed to permission based marketing.
On registration, we give you the option to subscribe to our email
service ('Updates by Email') and to opt in to other sites owned
by Genderquake Limited, which will update you on our organisation's
news and services, and other relevant information which we consider
to be of interest to you. Your use of the content received through
the email news service will be subject to these Terms and Conditions.
On registration to the Site, you will be given the option to opt-out
of receiving such emails on registration).
6. Links to third party sites
As part of our services, we may provide links to other web sites
or resources. These links are provided solely as a convenience to
you and are not an endorsement by us of the contents of such third
party web sites. We have no control over such sites and resources
and you acknowledge and agree that we are not responsible for the
availability of such external sites or resources and do not endorse
and are not responsible or liable for any content, advertising,
product, services or other materials on or available from such sites
or resources.
You further acknowledge and agree that we shall not
be responsible or liable directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with
use of or reliance of any such content, goods or services on or
available through any such site or resource. If you decide to access
linked third party web sites you do so at your own risk. Any concerns
regarding any external links should be directed to its respective
site administrator or web master.
If you would like to link to the Site please read
and comply with the following guidelines and all applicable laws.
A web site that links to the Site:
(a) may link to, but not replicate, the content of
the Site;
(b) must not create a frame or any other browser or
border environment around the Content;
(c) must not in any way imply that Genderquake Limited
and its Sites are endorsing it or its products or services;
(d) must not misrepresent its relationship with Genderquake
Limited and its associated Sites;
(e) must not present false information about Genderquake
Limited and its Sites;
(f) must not be a web site or WAP site that infringes
any intellectual property or other right of any person or that otherwise
does not comply with all relevant laws and regulations;
(g) must not be a web site or WAP site that contains
content that could be construed as distasteful, offensive or controversial.
We expressly reserve the right to request that any
link in breach of these terms is removed and to take whatever other
action it deems appropriate.
7. Privacy
You are asked to read our Privacy Policy, which forms a part of
this Agreement and sets out the way in which we handle your personal
data. This Privacy Policy, like these Terms and Conditions may be
amended from time to time and Genderquake Limited's rights in this
respect are reserved.
8. General
8.1 Termination of this Agreement
We reserve the right to suspend or terminate your account, which
is or appears to us to be in breach of any of the provisions of
this Agreement, including the provision of false registration details
or other misuse of the services offered through this Site. If you
hold such a suspended or terminated account you may not re-register
for the Site without our prior consent. We may pursue any other
remedy legally available to us if you fail to comply with any of
your obligations contained in this Agreement. You may terminate
this Agreement with or without cause by providing 30 days advance
written notice to us.
8.2 Indemnity
You agree to pay, indemnify, and hold Genderquake Limited and (and
its associated team - directors, officers, employees and agents
and Sites) harmless from any and all liabilities, obligations, losses,
damages, penalties, actions, judgements, suits, costs, expenses
or disbursements of any kind or nature whatsoever with respect to:
(1) Any third party claim, action or allegation of
infringement, misappropriation, or violation of copyright, trademark
or other proprietary rights of any third party based on any content
(including but not limited to your Postings) submitted by you;
(2) any breach of this Agreement by you;
(3) any third party claim action or allegation brought
against Genderquake arising out of in relation to a dispute between
Members or in relation to your use or misuse of the Site; and/or
(4) any action taken by Genderquake under your instructions
in relation to the use of the Site.
8.3 Disclaimer of Warranties
Your use of the Sites and any services offered on or in connection
with your use of the Sites is at your sole risk. Services provided
with the Sites are provided on an "as is" and "as
available" basis. We and our suppliers to the fullest extent
permitted by law disclaim all warranties, including but not limited
to warranties of title, fitness for a particular purpose, merchantability
and non-infringement of proprietary or third party rights. Our suppliers
and we make no warranties about the accuracy reliability, completeness
or accuracy of the material, services, software, text, graphics,
and links.
We make no warranty that:
(1) the service will meet your requirements;
(2) the service will be uninterrupted, timely, secure
or error free;
(3) the quality of any services information or other
material obtained by you through your use of the Site will meet
your expectations. If your use of the Site will require your replacing
equipment or data you will be responsible for the costs of such
replacement.
Your use of the Sites and services offered in connection
with the Sites are at your own risk. If you are dissatisfied with
any part of the Services offered through the Sites or with this
Agreement or any other rules or policies your sole remedy is to
discontinue use of the Sites.
8.4 Limitation of Liability
You expressly understand and agree that we shall not be liable for
any direct (other than for death or personal injury arising directly
from use of the Sites), indirect incidental, special, consequential
or exemplary damages including but not limited to, loss of profits,
goodwill, use, data or intangible losses (even if we have been advised
of the possibility of such damages) resulting from:
(1) the use or the inability to use the Sites or any
service provided in connection the Sites;
(2) the cost of procurement of substitute and services
resulting from any, data, information, services purchased or obtained
and messages received and transactions entered into through or from
the Sites;
(3) unauthorised access to or alteration of your transmissions
or data;
(4) statements or conduct of any Member or third party
in relation to the Sites or;
(5) any other matter relating to the Sites or service
provided in connection with the Sites.
In no event will our liability arising out of or in
respect of this Agreement exceed £500. Some jurisdictions
do not allow the exclusion of certain warranties with a limitation
or exclusion of liability for incidental or consequential damages.
Accordingly some of the above limitations of this section 8.4 may
not apply to you.
8.5 No Association
No agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship between Genderquake Limited and you or any Member is
intended or created by this Agreement.
8.6 No Assignment
You may not assign your rights or delegate (or sub-contract) your
duties under this Agreement.
8.7 Suspension or Discontinuance
of Service
Genderquake Limited may suspend or discontinue the Sites with or
without cause and with or without notice.
8.8 Force Majeure
Genderquake Limited shall not be liable for any failure to perform
its obligations under this Agreement if such failure results from
any act of God or other cause beyond its reasonable control (including
without limitation, any mechanical, electronic or communications
failure)
8.9 Entire Agreement
This Agreement (as amended from time to time) comprises the entire
agreement between you and Genderquake Limited and governs the use
of the Site and any services provided to you in connection with
the Site. It replaces and voids any prior agreement between you
and Genderquake Limited, whether written or verbal, in relation
to the Sites or any services provided to you in relation to the
Sites. You may also be subject to additional terms and conditions
when you use affiliate or other Genderquake Limited services, third-party
content or third party software.
We make no claims that the Sites are appropriate for
any particular purpose or audience, or that it may be downloaded
outside of the United Kingdom. Access to the Sites or use of the
Sites may not be legal by certain persons in certain countries.
8.10 Severability
Each provision of this Agreement excluding or limiting liability
shall be construed separately, applying and surviving even if for
any reason one or other of those provisions is held to be inapplicable
or unenforceable in any circumstances.
8.11 No waiver
No waiver by us shall be construed as a waiver of any proceeding
or succeeding breach of any provision.
8.12 English law
All legal issues arising from or related to the use of the Site
or any services provided in relation to the Site shall be construed
in accordance with and determined by the laws of England and you
hereby agree to submit to the exclusive jurisdiction of the English
Courts.
These terms and conditions apply to the branded
site, Genderquake.com, and its associated site,
www.hagsharlotsheroines.com, co.uk apply without limitation
to Genderquake Limited, registered in England and Wales No. 4218042,
registered office: 512 Lexington Building, Bow Quarter, Fairfield
Road, London, E3 2UF. If you have any queries about this or any
other aspect of the sites or our services, please contact us:
enquiries@genderquake.com
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