Please read these terms and conditions carefully before accessing this Site. This Site is operated by
Feedback Services Ltd.
Acceptance of terms
By accessing this Site in any way you agree to and are bound by the terms and conditions set forth in
this document and in any changes thereto that Feedback Services Ltd may publish from time to time
(collectively, the “Terms of use”). If you do not agree to all of the terms and conditions
contained in the Terms of use, do not access or use this Site.
Feedback Services Ltd may change the Terms of use and other guidelines and rules posted on the Site from
time to time at its discretion. Your continued access or use of the Site, or any Materials or Services,
constitutes your acceptance of the changes. Your access and use of the Site, Materials and Services will
be subject to the most current version of the Terms of use, rules and guidelines posted on the Site at the
time of such use. You should regularly check the “Terms of use” link on the home page of
www.feedbackservices.co.uk to view the then-current terms. If you breach any of the Terms of use, your
authorisation to access or use this Site, Materials and Services automatically terminates, and any Materials
downloaded or printed from the Site in violation of the Terms of use must be immediately destroyed.
The site
Feedback Services Ltd, its affiliates and agents make this web Site and the Materials and Services
available for your access and use subject to the Terms of use.
“Materials” means all information, data, documents (e.g. white papers, press releases,
datasheets, FAQs, etc.), communications, downloads, files, text, images, photographs, graphics, videos,
webcasts, publications, content, tools, resources, software, code, programs and products made available
or enabled via the site by Feedback Services Ltd or users of this Site.
“Services” means all services and resources offered or enabled via the site by Feedback Services
Ltd and users of this Site, including download areas, developer tools services, product and other information
services and communications services such as bulletin boards, calendars, chat areas, communities, e-mail,
forums, newsgroups, personal webpages, photo albums and other message or communication facilities designed to
enable you to communicate with others (collectively, “Communications Venues”).
All materials provided by Feedback Services Ltd are referred to collectively as “Feedback Services Ltd
Materials”.
Intellectual property; limited license to users; trademark information
The Materials and Services, as well as their selection and arrangement, are protected by copyrights, trademarks,
patents, trade secrets and all other intellectual property and proprietary rights (collectively, “Intellectual
Property Rights”), and any unauthorised use of the Materials or Services may violate such laws and the Terms
of use. Except as expressly provided herein, Feedback Services Ltd and its suppliers do not grant any express or
implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify,
adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license,
sublicense or reverse engineer the Site, Materials or Services, any portions of the Site, Materials or Services or
the selection and arrangement of the Site, Materials or Services, except as expressly authorised herein. In addition,
you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the
Site, Materials or Services.
The trademarks, logos and service marks (“Marks”) displayed on this Site are the property of Feedback
Services Ltd or other third parties. You are not permitted to use the Marks without the prior written consent of
Feedback Services Ltd or such third party that may own the Marks.
Use of site and services
You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur
in order to access or use the Site, Services and Materials. You must adhere to all limitations on dissemination,
usage and reproduction of any Materials that you download from the Site that are subject to such limitations. You
agree to use the Services only to access, download, utilize, post, send or receive Materials in an appropriate
manner as related to the particular Materials or Services being accessed or used by you. As some examples of
improper activities when accessing or using the Site, Services or Materials, you agree that you shall not:
- Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal
information or any other information about others.
- Use or attempt to gain access to or use another's account, password, Service, Materials or computer systems
or networks connected to any Feedback Services Ltd server or to the Site without authorisation from Feedback
Services Ltd, whether through hacking, password mining or any other means.
- Remove or falsely add to any uploaded Materials any copyright, trademark or other legal or proprietary rights
notices, author attributions or other information such as origin or source of the Material.
- Access or attempt to access any Material that you are not authorised to access or Materials through any means
not intentionally made available through the Site or Services.
- Make available any files containing Materials where you do not own or control, or have not received the necessary
licenses to, all Intellectual Property Rights, rights of privacy and publicity and all other rights in and to
such Materials.
- Use any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party.
- Disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials,
systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any
affiliated or linked sites.
- Transmit unsolicited or bulk communications to any Feedback Services Ltd account holder or to any
www.feedbackservices.co.uk or affiliated e-mail address.
- Post or otherwise submit any software, programs or files that are harmful or disruptive of another's equipment,
software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms.
- Create a false identity for the purpose of misleading others.
- Download any Materials posted by another that you know, or reasonably should know, cannot be legally reproduced,
distributed, performed or displayed in such manner.
- Disrupt, interfere or inhibit any other user from using and enjoying the Site or other affiliated or linked sites,
Materials or Services.
- Breach any guidelines or other codes of conduct applicable to a particular Service or Materials.
- Access or use the Site in any manner that could damage, disable, overburden or impair any Feedback Services Ltd
server or the network(s) connected to any Feedback Services Ltd server.
- Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity
prohibited by the Terms of use.
- Post or otherwise submit any topic, name, material or information that is child pornography, defamatory, excessively
violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise
objectionable.
- Prepare, compile, use, download or otherwise copy any Site user directory or other user or usage information or any
portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information
to any third party.
- Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or
unsolicited messages (commercial or otherwise).
- Violate the rights of Feedback Services Ltd or any third party (including rights of privacy and publicity) or abuse,
defame, harass, stalk or threaten another.
- Use any Feedback Services Ltd domain name as a pseudonymous return e-mail address.
- Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods
or services), unless specifically allowed to do so by Feedback Services Ltd.
When using Services or Materials, you will be subject to any posted guidelines, rules or licenses applicable to such
Services or Materials, in addition to the Terms of use. Materials and Services provided by third parties (collectively,
the “Third-Party Services”) are governed by separate agreements accompanying such Materials and Services.
Feedback Services Ltd offers no guarantees and assumes no responsibility or liability of any type with respect to the
Third-Party Services, including any liability resulting from incompatibility between a Third-Party Service, Feedback
Services Ltd Materials, Feedback Services Ltd provided Services or another Third-Party Service. You agree that you will
not hold Feedback Services Ltd responsible or liable with respect to the Third-Party Services.
Certain Services and Materials will only be made available to users who have paid Feedback Services Ltd a fee for such
Services and Materials. Such users may additionally be required to enter into a subscription agreement or other use
agreement for that particular Service or Material. In addition to these Terms of use, users of any Services that include
Communications Venues may be required, in Feedback Services Ltd sole discretion, to agree to a separate legal agreement
on the Site or otherwise. Your access to such Communications Venues will be denied for violation of either the Terms of
Use or the applicable agreement.
Feedback Services Ltd, in its sole discretion, may (but has no obligation to) monitor or review the Materials and Services
at any time. Feedback Services Ltd may at any time without notice and in its sole discretion: (a) terminate a Service,
access to or use of any Materials or an area of the Site where Materials are posted or submitted; and (b) disclose any
information related to your use of a Service or Material, or the substance of any of your posted or submitted Materials,
as Feedback Services Ltd deems necessary to comply with applicable law, regulation, legal process or governmental request.
You agree to use extra care when disclosing any personally identifiable information about yourself or your children in any
Services or when you post or otherwise submit any Materials.
If you are required to establish an account in connection with a particular Service or Material, you must complete the
designated registration process for such Service or Material. All required registration information that you provide must
be current, complete and accurate and kept up to date on a prompt, timely basis. If required, you must also choose a password
for such account. It is your sole responsibility to keep your account details and other sensitive information confidential.
If you become aware of any unauthorised use of your account or any other breach of security, you shall notify Feedback
Services Ltd immediately. If any Services or Materials provide password-restricted access to your sensitive information
(including customer lists and contractual terms), then by accessing or using this Site and setting up a password-restricted
account for such Services or Materials, you consent to Feedback Services Ltd display of such information via such Services
or Materials and accept all risks of unauthorised access to such information.
Use of software
Materials encompassing any software code, including programs, tools, utilities, files and otherwise, and accompanying
documentation that are made accessible via the Site (collectively, “Software”) are the copyrighted and patented
work of Feedback Services Ltd or its suppliers. Use of such Software is governed by the terms of the license agreement that
accompanies or is included with the Software, or by the license agreement expressly stated on the Site page(s) accompanying
the Software. Most terms and licenses may only be posted with the Software downloads or at the Site page where the Software
can be accessed. You will not be able to use, download or install any Software that is accompanied by or includes a license
agreement unless you agree to the terms of such license agreement. If no license agreement accompanies the Software, use of
the Software will be governed by the Terms of use. You agree that you will not decompile, reverse engineer or otherwise
attempt to discover the source code of the Software. The Software is made available solely in accordance with the license
agreement. Without limiting the foregoing, unless the accompanying license agreement expressly allows otherwise, any copying
or redistribution of the Software is prohibited, including any copying or reproduction of the Software to any other server
or location for further reproduction, redistribution or use on a service bureau basis. Any unauthorised use, copying or
distribution of the Software is expressly prohibited by law, and may result in severe legal penalties. Violators will be
prosecuted to the maximum extent possible.
Restriction and termination of use
Feedback Services Ltd may block, restrict, disable, suspend or terminate your access to all or part of the Site, Services
and Materials at any time in Feedback Services Ltd sole discretion, without prior notice or liability to you.
Links to third party sites
The Site, Services or Materials may include links that will take you to other sites outside of the Site (“Linked
Sites”). The Linked Sites are provided by Feedback Services Ltd to you as a convenience and the inclusion of the links
do not imply any endorsement by Feedback Services Ltd of any Linked Site. Feedback Services Ltd has no control of the Linked
Sites and you therefore acknowledge and agree that Feedback Services Ltd is not responsible for the contents of any Linked
Site, any link contained in a Linked Site or any changes or updates to a Linked Site. You further acknowledge and agree that
Feedback Services Ltd is not responsible for any form of transmission (e.g. webcasting) received from any Linked Site.
Warranties and disclaimers
The Site, Services and Materials, are provided by Feedback Services Ltd under these terms of use “as is” without
warranty of any kind, either express, implied, statutory or otherwise, including, but not limited to, the implied warranties
of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Feedback
Services Ltd makes no warranty that (i) the site, services or materials will meet your requirements; (ii) the site, services
or materials will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the
site, services or materials will be effective, accurate, or reliable; (iv) the quality of the site or any services or materials
purchased or accessible by you will meet your expectations; and (v) any errors or defects in the site, services or materials
will be corrected.
The Site, Services and Materials may include technical or other mistakes, inaccuracies, or typographical errors. Feedback
Services Ltd may make changes to the Site, Materials and Services, including the prices and descriptions of any Software or
Products listed, at any time in its sole discretion and without notice. The Site, Materials and Services may be out of date,
and Feedback Services Ltd makes no commitment to update the Site, Materials and Services.
You acknowledge and agree that: (i) Feedback Services Ltd does not control, endorse, or accept responsibility for any
Materials or Services offered by third parties, including third-party vendors and third parties accessible through Linked
Sites; (ii) Feedback Services Ltd makes no representations or warranties whatsoever about any such third parties, their
Materials or Services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) Feedback
Services Ltd shall not be liable or responsible for any Materials or Services offered by third parties.
Feedback Services Ltd does not control or endorse the materials found in any Services and specifically disclaims any
liability with regard to the Site, Services and any actions resulting from your use of the Site and Materials and
participation in any Services. Managers, hosts, participants and other third parties are not authorised Feedback Services
Ltd spokespersons, and their views do not necessarily reflect those of Feedback Services Ltd.
The use of the Site, Services or the downloading or other use of any Materials is done at your own discretion and risk
and with your agreement that you will be solely responsible for any damage to your computer system, loss of data or other
harm that results from such activities. Feedback Services Ltd assumes no liability for any computer virus or other similar
software code that is downloaded to your computer from the site or in connection with any Services or Materials. No advice
or information, whether oral or written, obtained by you from Feedback Services Ltd or via the Site, Services or Materials
shall create any warranty not expressly stated in the Terms of use. Feedback Services Ltd will not be liable for any loss
that you may incur as a result of someone else using your password or account with respect to the Site or any Services or
Materials, either with or without your knowledge.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last,
so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90)
days.
International users
This Site can be accessed from countries around the world and may contain references to Feedback Services Ltd products,
services and programs that are not available in your country. These references do not imply that Feedback Services Ltd
intends to announce such products, services or programs in your country. The Site is controlled, operated and administered
by Feedback Services Ltd from its offices within the United Kingdom. Feedback Services Ltd makes no representation that the
Site, Services or Materials are appropriate or available for use at other locations outside the United Kingdom, and access to
the Site from territories where the Site, Services or Materials are illegal is prohibited. If you access the Site from a
location outside the United Kingdom, you are responsible for compliance with all local laws. See the section on export
control laws below for further information.
Personal information and privacy
Feedback Services Ltd will use and protect your data, such as your name and email address, in accordance with the Feedback
Services Ltd Online Privacy Policy, the contents of which are incorporated by reference into the Terms of use. Please be
aware that your browser must be enabled to accept cookies in order for you to use certain Materials and Services or to access
the members areas.
Limitation of liability
In no event shall Feedback Services Ltd, its officers, directors, employees, partners or suppliers be liable to you or any
third party for any special, punitive, incidental, indirect or consequential damages or losses of any kind, or any damages
or losses whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if Feedback
Services Ltd has been advised of the possibility of such damages or losses, and on any theory of liability, including breach
of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with: (1)
the access or use of or the inability to access or use the Site, Services, or Materials; (2) the statements or actions of
any third party on or via the Site, Services or Materials; (3) any dealings with vendors or other third parties; (4) any
unauthorised access to or alteration of your transmissions or other data; (5) any information that is sent or received or
not sent or received; (6) any failure to store or loss of data, files, materials or other content; (7) any services available
that are delayed or interrupted; (8) any web site referenced or linked to from this Site; or (9) your access to or use of or
inability to access or use any linked site. Some jurisdictions prohibit the exclusion or limitation of liability for
consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you.
Notification of copyright infringement
Feedback Services Ltd will, in appropriate circumstances, terminate the accounts of users who infringe the Intellectual
Property Rights of others. Feedback Services Ltd will investigate notices of copyright infringement and take appropriate
actions under the law. If you believe that your work has been used or copied in a way that constitutes copyright infringement
and such infringement is occurring on this Site or on sites linked to from this Site or in connection with the Services or
Materials, please provide, written notification of claimed copyright infringement to the Designated Agent for this Site
(identified below), which must contain the following elements:
- A physical or electronic signature of the person authorised to act on behalf of the owner of the copyright interest that
is alleged to have been infringed;
- A description of the copyrighted work or works that you claim have been infringed and identification of what content in
such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
- A description of where the content that you claim is infringing is located on the Feedback Services Ltd Site;
- Information sufficient to permit Feedback Services Ltd to contact you, such as your physical address, telephone number,
and e-mail address;
- A statement by you that you have a good faith belief that the use of the content identified in your Notice in the manner
complained of is not authorised by the copyright owner, its agent, or the law;
- A statement by you that the information in your notice is accurate and that you are the copyright owner or authorised
to act on the copyright owner's behalf.
The Designated Agent for Notice of claims of copyright infringement is the Director for Feedback Services Ltd.
The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that
constitutes copyright infringement and such infringement is occurring on the Site or on sites linked to from the Site
or in connection with the Services or Materials. All other inquiries directed to the Designated Agent will not be responded
to. Such inquiries should be made through the feedback procedure.
Spam e-mail and postings
Feedback Services Ltd may without restriction block, filter, delete, publish or use anything contained within or about
unsolicited e-mail.
Advertisements and promotions
Feedback Services Ltd may run advertisements and promotions from third parties via the Site, Services or Materials in any
manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties
advertising or promoting via the Site, Services or Materials, including payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between
you and such third parties. You acknowledge and agree that Feedback Services Ltd is not responsible or liable for any loss or
damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-Feedback Services
Ltd advertisers on the Site or in connection with the Services or Materials.
Indemnity and liability
You agree to indemnify and hold Feedback Services Ltd and its officers, co-branders, other partners and employees harmless
from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of: (a) your access
to or use of the Site, Services or Materials (including any use by your employees, contractors or agents and all uses of your
account numbers, user names and passwords, whether or not actually or expressly authorised by you, in connection with the Site
or any Services or Materials); (b) your connection to the Site, Services or Materials; (c) your violation of the Terms of use;
(d) the actions of any member of your Work Group; (e) your infringement of any third party's Intellectual Property Rights
when using any of the Software made available on the Site, Services or in any Materials; (f) your violation of any rights of
any third party; (g) your access to or use of Linked Sites and your connections thereto; or (h) any dealings between you and
any third parties advertising or promoting via the Site, Services or Materials.
General
The Terms of use and other rules, guidelines, licenses and disclaimers posted via the Site or in connection with the Materials
and Services constitute the entire agreement between Feedback Services Ltd and you with respect to your access to or use of the
Site, Materials and Services superseding any prior agreements between you and Feedback Services Ltd on such subject matter
(including any prior versions of the Terms of use). Notwithstanding the foregoing, to the extent that any terms set forth in
the Terms of use expressly contradict any terms of a written agreement between you and Feedback Services Ltd regarding the use
of specific Services or Materials (including Service-specific terms of use and Software-specific licenses) (“Executed
Agreement”), such contradictory terms set forth in the Executed Agreement shall govern. You may also be subject to
additional terms and conditions that may apply when you use other Feedback Services Ltd services, third party content or third
party software. You may not assign or otherwise transfer the Terms of use nor any right granted hereunder without Feedback
Services Ltd prior written consent. If for any reason a legal body finds any provision of the Terms of use, or portion thereof,
to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the
parties as reflected by that provision, and the remainder of the Terms of use shall continue in full force and effect. Any
failure by Feedback Services Ltd to enforce or exercise any provision of the Terms of use or related right shall not constitute
a waiver of that right or provision. The section titles used in the Terms of use are purely for convenience and carry with
them no legal or contractual effect.
Last updated: 24th November 2008.