Terms and Conditions
Effective date: 01/01/2019
BY CHECKING THE “I AGREE” BOX, OR BY CONTINUING TO USE THE SERVICES FOLLOWING OUR EFFECTIVE DATE OF POSTING OF THIS TERMS OF SERVICE ON THE WEBSITE, YOU AGREE TO BE BOUND BY THIS TERMS OF SERVICE, ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE FITNESS OF USING THE SERVICES DESCRIBED IN THE TERMS OF SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN IT AND HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS (EG, YOU ARE NOT A MINOR) AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THIS TERMS OF SERVICE. IN ADDITION, IF THIS TERMS OF SERVICE IS BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THIS TERMS OF SERVICE ON BEHALF OF THAT COMPANY OR ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THIS TERMS OF SERVICE ON BEHALF OF SUCH ENTITY.
The following terminology applies to these Terms and Conditions, Privacy Statement and any or all other Agreements of our company:
- User: this means anybody who registers an account on the website, accessing our website, and consumer of our service.
- Content(s): designate any content supplied by a User on the website, notably, without this list being limited to any Product, any data, information, text, any registered object, description, comment, any name, nickname, picture, photography, sound, video, logo and any element entered on the website by the User including during his registering, including in a mail, on a blog or on our Site.
- Website: this means our Site at the URL www.mattressreviewer.co.uk (or any other address (es) that might be substituted) and our associate sub-domains.
Using any of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore can be interpreted to mean the same thing.
ACCOUNT AND REGISTRATIONS
To access our service user may be required to sign-up on our site, which may require a valid email address, at which email address the User can receive messages. Users must also update the Site if that email address changes. If the Site prompts or allows a User to create a username or profile, Users agree not to pick a username or provide any profile information that would impersonate someone else, or that is likely to confuse with any other person or entity. Similarly, if the Site allows comments or user input or prompts or allows a User to create an avatar or upload a picture, the User agrees not to use any image that impersonates some other person or entity, or that is otherwise likely to confuse.
You are responsible for all activity on your account, whether or not you authorized it. You agree to inform us of the unauthorized use of your account by email to email@example.com. The Site’s security measures are reasonable in terms of their level of protection but are not helpful if the interactions of you or any other User with Sites are not secure or private.
PROHIBITED USE OF THE SITE
You are restricted to use the Site in the following ways or purposes without proper permission grant by Porta Studios or any of its subsidiaries;
- Use our website in any way or take any action that causes, or may cause, damage to the Site or impairment of the performance, availability or accessibility of the website;
- 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;
- Access or otherwise interact with our website using any robot, spider or other automated means;
- You must not use data collected from our website to contact individuals, companies, or other persons or entities. You must ensure that all the information you supply to us through our website or to our website is true, accurate, current, complete, and non-misleading.
You warrant and represent that your content will comply with these terms and conditions. Your content and the use of your content by us in accordance with these terms and conditions must not:
- Be libelous or maliciously false;
- Be obscene or indecent;
- Infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property rights;
- Be in breach of racial or religious hatred or discrimination legislation;
- Be blasphemous;
- Be in breach of official secrets legislation;
- Violate any contractual obligation owed to any person;
- Be pornographic, lewd, suggestive or sexually explicit;
- Be untrue, false, inaccurate or misleading;
- Constitute spam;
- Be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
The Site may offer health, fitness, sleep, nutritional, and other such information, but such data is designed for educational and informational purposes only. The information contained on the Site does not and is not intended to convey medical advice and does not constitute the practice of medicine. You should not rely on this information as a substitute for, nor does it replace professional medical advice, diagnosis, or treatment. The company is not responsible for any actions or inaction on a user’s part based on the information that is presented on the Site.
PRIVACY AND GDPR COMPLIANCE
Porta Studios is committed to protecting and processing the personal data collected while accessing and using the Site in compliance with its obligations under applicable privacy laws, laws governing the privacy of your data, including, if applicable to you, the European Union General Data Protection Regulation. Porta Studios policy is to retain personal data necessary to provide our services, except that we may retain your data for more extended periods where reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce these Terms, or fulfill your request to “unsubscribe” from further messages from us. This policy applies to personal data that you or others provided to us and personal data generated or inferred from your use of our services. When Porta Studios is the data controller, we will decide how your data is processed and for what purposes. For additional information about your rights and your data, what data is collected, how it is processed, protected, shared, and how long it is retained, please see the Porta Studios Policy and Privacy Statement.
Copyright in all content and works of authorship included in the Site are the property of the Site or its licensors. Apart from links which lead to the Site, accurately attributed social media references, and de minimums text excerpts with links returning to the Site, no text, images, video or audio recording, or any other content from the Site shall be copied without explicit and detailed, written permission from the Site’s owner. Users shall not sublicense or otherwise transfer any rights or access to the Site or related Services to any other person.
The names and logos used by the Site, and all other trademarks, service marks, and trade names used in connection with the Services are owned by the Site or its licensors and may not be used by the User without the written consent of the rights owners. The Site reserves all rights not expressly granted in these Terms.
The company respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement and is located on the Site, you may submit a notification of claimed infringement containing the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- Information reasonably sufficient to permit the company to contact you, such as your address, telephone number, and email address
- A statement that the information you have provided is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with substantially all of the above requirements of this section, your notice may not be valid, and the company may not be able to remove infringing content.
All notices of claimed infringement shall be sent to the company at the address in the “Contact us” section
User shall defend, indemnify and hold harmless Porta Studios or its officers, directors, shareholder, employees, affiliates and agents (the “Porta Studios Indemnitee“) from and against all costs, damages, losses and expenses, including reasonable attorneys’ fees and other legal expenses, arising from any third-party claim that: (i) the Data, Ad Creatives, Customer’s website, Customer’s use of the service, or other content violates any third party rights, including without limitation, infringement or violation of the Intellectual Property Rights or privacy rights of such third party; (ii) the Data, Ad Creatives or other content are obscene, defamatory, illegal, unethical, or promote illegal behavior; and/or (iii) that Customer failed to obtain any necessary permit, license or consent in connection with these Terms; and/or (iv) stems from Customer’s violation or alleged violation of any of its representations, warranties, and/or obligations under these Terms. Porta Studios shall defend, indemnify and hold harmless Customer and its officers, directors, shareholder, employees, affiliates and agents (the “Customer Indemnitee”) from and against all costs, damages, losses and expenses, including reasonable attorneys’ fees and other legal expenses, arising from any third-party claim that the Hosted Services, the Platform and/or the Porta Studios Tag, violate any third party Intellectual Property Rights. AS a condition to the defense and indemnity set forth above, the Porta Studios Indemnitee or the Customer Indemnitee, as applicable (the “Indemnified Party“) shall give the other party (“Indemnifying Party”) prompt notice of any such claim made against it and the Indemnifying Party shall be entitled, by written notice to such Indemnified Party, to assume sole control of the defense of any such claim, suit or proceeding, including appeals, negotiations and any settlement or compromise thereof (collectively, “Claim“), at its own expense, provided that (a) no settlement, consent order or consent judgment which involves any placement of a financial burden or admission of any liability or wrongdoing, act or omission on the part of the Indemnified Party may be agreed to by the Indemnifying Party without the Indemnified Party’s prior written consent; and (b) the Indemnifying Party shall keep the Indemnified Party informed of the status and progress of such claim, the defense thereof and/or settlement negotiations with respect thereto. The Indemnified Party shall give the Indemnifying Party all reasonable assistance, at Indemnifying Party’s cost and expense, necessary in connection with such defense.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, Porta Studios DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE ABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OR OPERATION OF THE HOSTED SERVICES, THE PLATFORM AND THE Porta Studios TAG OR ANY PART THEREOF. THE SERVICES, THE PLATFORM, AND THE Porta Studios TAG, (AND ANY PART THEREOF), INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA, MATERIALS, REPORTS AND ANY INFORMATION RELATED THERETO, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, SECURITY OR EFFECTIVENESS OF ANY CONTENT, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED BY Porta Studios AND/OR USER IN CONNECTION WITH USER’S USE OF THE PLATFORM AND THE HOSTED SERVICES. Porta Studios DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE BENEFITS OR RESULTS THAT CUSTOMER OR ANY THIRD PARTY SHALL OBTAIN FROM THE PLATFORM AND/OR THE HOSTED SERVICE. Porta Studios DOES NOT ENDORSE ANY ENTITY, PRODUCT OR SERVICE MENTIONED ON THE PLATFORM, INCLUDING ANY ADVERTISEMENTS AND/OR DATA. EXCEPT AS EXPRESSLY STATED OTHERWISE UNDER THESE TERMS, Porta Studios DOES NOT AND CANNOT WARRANT THAT THE OPERATION OF THE HOSTED SERVICE, THE XOPA TAG AND/OR THE PLATFORM IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS. Porta Studios MAY, AT ITS SOLE DISCRETION, CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE HOSTED SERVICE, THE PLATFORM, AND THE Porta Studios TAG, AT ANY TIME WITHOUT ANY NOTICE TO THE USER.
LIMITATION OF LIABILITY
THE USE OF THE SITE OR THE CONTENTS IS AT YOUR OWN RISK. THE CONTENTS IN THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME.
THE CONTENTS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ALL THINGS DIGITAL DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL THINGS DIGITAL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL THINGS DIGITAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT ALL THINGS DIGITAL) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
The Site may contain hyperlinks to other websites and webpages, as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties. We are not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Site. You agree that All Things Digital shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party or as a result of the presence of such third party on the Site. All Things Digital makes no representations or warranties to the content, ownership, or legality of any such linked third-party website.
By accepting these terms, you represent that you are or above the age of 18 years and that, in of age bracket, less than 18 years require the consent of legal or parental guidance to agree on the Agreement on your behalf.
CHANGES IN TERMS OF SERVICE
For more information about our privacy policies, or in any case that you have questions to ask us, or in a situation that you might want to make any complaint about our service, please contact us by firstname.lastname@example.org or by visiting our company address below;
Milton Keynes, Buckinghamshire, MK13 0PU,
The United Kingdom.