PLEASE READ THESE TERMS OF SERVICE BEFORE USING ANY OF OUR WEBSITES.
LAST UPDATED – 9 OCT 2015
Legal Terms Applicable to Your Use of the Sites
In these Terms of Service, we use the term coldsearch (and "we", "us" and "our") to refer to coldsearch limited Inc .
IT IS IMPORTANT THAT YOU READ ALL DOCUMENTS FORMING THIS AGREEMENT CAREFULLY, BECAUSE BY USING THE SITES, YOU AGREE TO BE BOUND BY THEIR TERMS. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITES.
The Sites are intended for use in the United Kingdom (the "Territory"). We make no warranty or representation that any Site is appropriate, available or legal for use outside the Territory. If you choose to access any Site from outside the Territory, you do so at your own risk and are responsible for compliance with all applicable local laws.
Your use of a particular service may also be subject to terms specific to that service. coldsearch will post service-specific terms on the web page associated with the relevant service. All service-specific terms are incorporated into this Agreement. If there is any inconsistency between service-specific terms and the terms in this Agreement, the service-specific terms shall prevail in relation to the provision of the relevant service.
NOTHING IN THIS AGREEMENT AFFECTS YOUR STATUTORY RIGHTS.
Changes to this Agreement
We reserve the right to change the terms of this Agreement (including the terms of any additional site policies, guidelines, rules or legal terms posted on any Site) from time to time. Except as expressly provided in this Agreement, any changes we make to the Agreement will be effective immediately upon being posted on the Sites. Your continued use of any Site following the posting of any such changes constitutes your acceptance of them. You should therefore check this page on a regular basis to ensure you are familiar with the most current version of the Agreement. You can determine when the Agreement was last updated by checking the "Last Updated" legend at the top of the Agreement.
Intellectual Property Rights and Restrictions
All right, title and interest in and to the Sites and the Services including but not limited to any Site's look and feel; all trade marks, trade names, designs, URLs or technology associated with or used to create or operate any Site or Services; any software available through any Site; or any data, information, text, graphics, images, sound or video materials, photographs or other content displayed on any Site is owned by coldsearch or its third party licensors and protected by copyright, trade mark, database rights, patent or other proprietary rights and laws. Except as expressly permitted in this Agreement or by applicable law or by coldsearch in writing, you may not (and may not permit any third party to) copy, modify, rent, lease, sell, transfer, distribute, display, license, reverse engineer, create derivative works based on or attempt to discover any source code of any of the foregoing.
Your Licence to Access Content
coldsearch grants you a personal, non-exclusive, non-transferable, revocable, limited licence, strictly to do the following only, for your personal, non-commercial use, to view; reproduce; print; cache; store; and distribute content retrieved from a Site via a generally available consumer web browser. The foregoing licence is granted on the condition that you comply with the restrictions on use described in this Agreement and that you do not (and do not permit any third party to) remove or obscure the copyright notice or other notices displayed on such content. You may not reproduce, print, cache, store, link to, frame, or distribute content retrieved from any Site for any commercial purpose whatsoever without the prior written permission of coldsearch or the copyright holder identified in the relevant copyright notice.
You agree not to modify the Services in any manner or to use modified versions of the Services, including (without limitation) for the purpose of obtaining unauthorised access to the Services. You agree not to access the Services by any means other than through the interface provided by coldsearch for use in accessing the Services.
Except as expressly provided in this Agreement, nothing in this Agreement or on any Site shall be construed as conferring any other licence or right (whether expressly, by implication or otherwise) respect to any intellectual property rights belonging to coldsearch and/or its licensors. All rights not expressly granted herein are reserved.
If you choose to distribute material by means of our Services, you agree that you will only do so to recipients you know will be happy to receive it and who are known to you. You agree that you will not use such Services for engaging in spam or other illegal conduct.
No Automated Querying
You may not send automated queries to any Site without express permission in advance from coldsearch. Note that 'sending automated queries' includes, among other things:
The Sites may allow users to post or upload information, data, text, photographs, graphics, messages and/or other content ("User Content"). If you are under the age of 13, you should not post any data by means of any Service or on any Site without the permission of your parent or guardian.
You acknowledge and agree that coldsearch does not control User Content and cannot guarantee the accuracy, integrity or quality of any such content, and that the person who posts User Content is solely responsible for such content and solely liable for any and all loss or damage caused by such content.
You understand that by using the Sites and / or the Services, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will coldsearch be liable in any way for any User Content, including but not limited to any errors, omissions or misrepresentations in any User Content, or for any loss or damage arising from any User Content and/or any use thereof.
If you do choose to post content on any Site, you understand that such content will be available publicly. You should not assume that you are anonymous online and cannot be identified by User Content. You agree that all User Content you post will comply with the requirements of this Agreement.
You agree not to use any Site or Service to:
Use by Children
If you are under the age of 13, you should not register for any Services or promotions or otherwise provide any data to coldsearch or via our Services or Sites without the permission of your parent or guardian. If you use any Site or register for any Service, we will assume, and you confirm, that you are 13 years of age or older or that you have the permission of your parent or guardian.
If you are the parent or guardian of a child under the age of 13, you should carefully supervise your child’s use of the Services and Sites. It is the responsibility of parents or guardians, and not coldsearch, to determine whether any part of any Site or any site linked to from a Site is appropriate for their children. coldsearch invites parents and guardians to visit the website of the Internet Watch Foundation for information and advice on protecting their children when they are online.
Passwords and Security
Access to certain Services may require you to choose a user name and password. If you do so, (i) you confirm by so doing that you are at least 13 years old or have the consent of your parent or guardian, and (ii) you are responsible for maintaining the confidentiality of your password and account information and for logging out of your account at the end of each session. In selecting a user name, you agree not to (i) impersonate another person; (ii) use a name subject to the rights of any person without their permission; or (iii) use a name that is offensive, illegal, or infringing. You are responsible for all activities that occur under your password or account. You agree to notify coldsearch immediately of any unauthorised use of your password or account or any other breach of security. coldsearch accepts no liability for any loss or damage arising from your failure to comply with this paragraph.
Third Party Sites
The Sites provide links to other sites on the internet operated by third parties. Because coldsearch has no control over such sites, you acknowledge and agree that coldsearch is not responsible for the availability of such external sites, and does not endorse and is not responsible or liable for any content, advertising, products, services or materials on or available through such sites. You further acknowledge and agree that coldsearch shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods or services on or available through any such site. Finally, you acknowledge that coldsearch has no control over the terms and conditions and/or privacy policies of such third party sites and that such terms and conditions and/or privacy policies will govern your rights and obligations with respect to the use of those websites.
Advertisers and Third Party Vendors
Your dealings with advertisers or third party vendors found on or through any Site or Service, including any participation in promotions, purchases of goods or services, and any terms, conditions, warranties or representations associated with such activities, are on such terms as are determined between you and the third party. coldsearch does not make any representations or warranties with respect to any goods, services or websites that may be supplied or operated by such third parties, and you agree that coldsearch will have no liability for any loss or damage of any kind incurred in connection with your use of or reliance on any content, goods, services, information or other materials on or available through such third parties. You acknowledge that such third party sites usually have their own terms and conditions, including privacy policies, over which coldsearch has no control and which will govern your rights and obligations with respect to the use of those websites.
Reporting Illegal Content
If by means of using a Link provided on any Site or any Service you discover any of the following types of content on a site operated by a third party, please report it directly to the Internet Watch Foundation on their website located at www.iwf.org.uk:
Compliance with Laws
You agree to comply with all laws applicable to your use of the Sites and the Services.
Modifications To Services
coldsearch reserves the right at any time and from time to time to modify, suspend or discontinue the Services (or any part thereof) with or without notice. You agree that coldsearch will not be liable to you or to any third party for any modification, suspension or discontinuation of any part of the Services.
Termination of Access to Services
You agree that coldsearch, in its sole discretion, may terminate your access to any of the Services and/or remove or modify any User Content or content within a Site, for any reason including (without limitation) for lack of use or if coldsearch believes that you have violated the letter or spirit of this Agreement. You agree that any termination of your access to the Services may be effected without prior notice, and agree that coldsearch may immediately deactivate or delete any account you may have and all related information and files in any such account and/or bar any further access to such files or the Services. In addition, if you violate this Agreement, coldsearch may, in its sole discretion, retain all data collected from your use of a Site. Further, you agree that coldsearch shall not be liable for the discontinuation or termination of your access to the Services, or collection of information if you have violated this Agreement, even if advised of a claim for damages.
Information Disclaimer and Disclaimer of Warranties
By using the Services you acknowledge that you understand and agree to the following statements:
Limitation Of Liability
You agree that coldsearch will not be liable for:
howsoever caused and whether arising (i) as a result of the use of, or the inability to use, the Services or otherwise in connection with any Site, or (ii) on the basis of breach of contract, tort (including negligence and strict liability) or otherwise. These limitations will apply whether or not coldsearch has been advised of the possibility of such damages.
You also agree that in no circumstances will coldsearch’s liability for any damages exceed £50.
Notwithstanding the above or any other provisions, nothing in this Agreement shall exclude or limit coldsearch’s liability for fraud, fraudulent misrepresentation, death or personal injury resulting from negligence or any other liability which cannot lawfully be excluded or limited.
You acknowledge and agree to the Copyright and Trade Mark Notice posted below:
Image and/or Video Search Copyright Information and Disclaimer
The images and/or videos referenced, made accessible or made available to you on these pages or by means of the Sites may be protected by the copyright and/or trade mark laws of the U.K., the U.S. and other countries. Although you are permitted to locate and access these images and/or videos through the Sites, you may need to obtain authorisation of the owner of such materials before using them for any purpose other than viewing on the web. For authorisation to use an image or video, please contact the image owner as indicated on the source site, not coldsearch. coldsearch cannot guarantee that an coldsearch search will not locate unintended or objectionable content and coldsearch accepts no responsibility or liability for the content of any site included in any search results or otherwise linked to from the Sites, or for your use of such content.
Use of Other Third Party Materials
The Sites may also incorporate or allow you to access other third party materials protected by copyright and/or trade mark laws. Although you are permitted to locate and access these materials through the Sites, you may need to obtain authorisation of the owner of such materials before using them for any purpose other than viewing on the web. For authorisation to use such third party materials, please contact the appropriate third party, not coldsearch.
Copyrights and Copyright Agent
coldsearch requests its users to respect the intellectual property rights of others. coldsearch has designated an agent to receive any notifications of claimed copyright infringement on the Sites, who can be reached as follows:
It is the policy of coldsearch to respond to notices of alleged copyright infringement and, following investigation, to terminate the accounts of repeat infringers and/or remove or disable access to any infringing materials as legally required. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide coldsearch's copyright agent with:
coldsearch encourages trademark owners to make their claims directly with the owners of the allegedly infringing web-sites or advertisements, or the Internet service provider that hosts such websites. This is a much more effective way to resolve trademark claims, particularly because advertisers may have similar advertisements on other sites.
No Other Agreements
Third Party Rights
You agree that coldsearch’s affiliated companies will be third party beneficiaries of this Agreement and so entitled to enforce or rely on any provision of this Agreement. Otherwise, any person who is not a party to this Agreement will have no rights related to it.
If any provision of this Agreement is found by a court to be invalid, you agree that such provision shall be deemed to be replaced by an alternative provision that gives effect to the parties' original intentions to the extent legally possible, and the remaining provisions of this Agreement shall continue in full force and effect.
Any failure by coldsearch to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that provision or right.
This Agreement is governed by the laws of the Territory. You submit to the non-exclusive jurisdiction of the courts of the Territory.