These Terms and Conditions (hereinafter, referred to as “the Terms”) for the website www.healthwealthlove.com (hereinafter, referred to as the “Website”) constitute a legal agreement between the user (hereinafter, referred to as “You” or “Your”) of the Website and www.healthwealthlove.com having a principal place of business at PO Box 725, Exeter, EX1 9QU, United Kingdom (hereinafter, referred to as “the Company”, “we”, “us”, “our”). By using the Website, You acknowledge that You have read the Terms and agree to be bound by them. If You do not agree to the Terms, please do not use the Website.
1. User-Generated Content
1.1 The Website offers users the opportunity to post articles, comments, and other materials on the Website (hereinafter, referred to “User-Generated Content”). By posting User-Generated Content, You grant to the Company an unrestricted, royalty-free, perpetual, and irrevocable right to display such User-Generated Content on the Website.
1.2 You agree not to post on the Website any User-Generated Content or other material that:
• constitutes a breach of Your contractual and/or fiduciary obligations or an invasion of privacy;
• contains viruses, Trojan horses, worms or other code, scripts, routines, files or programs designed to alter, interrupt, impede, limit or destroy the performance and/or functioning of any software, hardware, or other equipment.
• is an advertisement or promotion for any product or service that had not been approved in writing by the Company;
• is false, misleading, or constitutes an unfair or deceptive trade practice;
• infringes on any third party patent, trademark, trade name, corporate name, trade secret, copyright, publicity, or other proprietary or property rights;
• is unlawful, libelous, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or racially, ethnically or otherwise objectionable in any manner; or
• promotes the use of alcohol, tobacco, or any illegal substance;
1.3 You further agree that any User-Generated Content You post on the Website does not contain any confidential, proprietary or trade secret information. The Company shall have no obligation to store, keep copies of or return any User-Generated Content. The Company further reserves the right, in its sole discretion, to modify, delete or remove any User-Generated Content from the Website that it deems to be in violation of the foregoing requirements.
1.4 You will be solely responsible and liable for, and will indemnify the Company and its officers, directors, employees and agents from and against any losses, expenses, liabilities, claims, costs, and damages arising from User-Generated Content.
2. Company’s rights in relation to User-Generated Content
2.1 By posting User-Generated Content on the Website, you are giving the Company, and our affiliates, agents and third party contractors the right to (1) display such content on the Website and (2) the right to store such content in our database.
3. Company’s Content
3.1 The Website contains materials that are not User-Generated Content (hereinafter, referred to as “Company’s Content.” Such materials include, but are not limited to, articles related to diet recipes, exercise tips, savings, shopping, reviews, dating tips, and relationship tips. The Company’s Content is intellectual property of the Company. The Company’s Content is protected by the intellectual property law on the United Kingdom and the applicable international intellectual property laws.
4. A license to use the Website
4.1 Subject to the provisions in the Terms, the Company grants You a personal, nonexclusive, nontransferable, non-sublicenseable, limited license to use the Website.
5. License restrictions
5.1 Unless explicitly allowed in the Terms, You may not: (i) copy and distribute Company’s Content; (ii) copy and distribute User-Generated Content without obtaining the explicit permission from the owners of User-Generated Content; (iii) adapt, translate, reverse engineer, make alterations, decompile, disassemble or make derivative works based on Company’s Content; (iv) adapt, translate, reverse engineer, make alterations, decompile, disassemble or make derivative works based on User-Generated Content without the explicit permission of the owners of the User-Generated Content; (v) rent, loan, sub-license, lease, or attempt to grant other rights to Company’s Content to third parties; (vi) rent, loan, sub-license, lease, or attempt to grant other rights to User-Generated Content to third parties without the permission of the owners of User-Generated Content;
6.1 Company’s Content and all trademarks, service marks and trade names of the Company included therein, are intellectual property of the Company, its licensors, vendors, agents and/or its Content providers.
6.2 The User-Generated Content and all trademarks, service marks and trade names of the users included therein, are intellectual property of the users who submitted the User-Generated Content.
7. Your Warranty to the Company
7.1 You represent and warrant that: (i) You have the authority to bind Yourself to these Terms; (ii) You will use the Website only for purposes that are permitted by these Terms; and (iii) Your use of the Website will comply with all applicable laws.
9.1. We will use reasonable efforts to make the Website available at all times. However, you acknowledge that the Website is provided over the Internet and so the quality and availability of the Website may be affected by factors outside our reasonable control.
9.2. We do not accept any responsibility for unavailability of the Website.
9.3 We will not be responsible for any support or maintenance of the Website.
10. Disclaimer of Warranties and Indemnification
10.1 YOU AGREE THAT YOU WILL NOT HOLD THE COMPANY LIABLE FOR LOSSES OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR ACCESS OR USE OF THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY IS LICENSING THE WEBSITE “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY, FOR ANY PURPOSE, OF THE WEBSITE, THE OPERATION OF THE WEBSITE, COMPANY’S CONTENT, OR THE USER-GENERATED CONTENT. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND ITS OPERATION. THE COMPANY EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. Limitation of Liability
11.1 TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR OTHER RELATED OR SIMILAR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE, AND FOR ANY CAUSE OF ACTION, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.1 You agree to indemnify and hold harmless the Company and its agents, affiliates, consultants, directors, employees, officers, and anyone providing information or software used in the Website from any and all claims arising from Your use of the Website.
13.1 The Website is linked to third party websites. The linked websites are outside the control of the Company. The Company is not responsible for the content of any linked website or any link contained in a linked site. The linked websites are not endorsed nor recommended by the Company.
13.2 You may link your website to the Website by using the links and advertisement banners provided to you by us for that purpose.
13.3 Third party sites may be linked to via affiliate links that generate commission-based revenue for The Website.
14.1 These Terms are effective until terminated.
14.2 The Company may terminate the Terms at any time at its sole discretion by sending a notice to You. Additionally, Your rights under these Terms will terminate automatically if You fail to comply with any of the provisions contained in the Terms.
14.3 Upon termination, all legal rights and licenses granted to You hereunder shall terminate immediately and You shall cease all use of the Website.
15. Governing Law
15.1 The Terms shall be governed by the laws of the United Kingdom. You irrevocably consent to the exclusive jurisdiction and venue of the courts in the United Kingdom for all disputes arising out of or relating to these Terms.
16. Amendment of these Terms
16.1 The Company reserves the right to modify or amend these Terms from time to time without notice. If You continue using the Website following the posting of changes to the Terms, You declare that You accept those changes.
17. Last amendment
17.1 These Terms have been last amended on 24th of July 2013.