Terms of use

Welcome to the Chainy website ("Website").

Introduction: These are the Terms of Use ("Terms") which we recommend you read carefully before you use the Website. By using the Website and uploading to the Website any materials inclusive of all messages, videos, photographs, images, sound files, comments, connections and other data ("Content") and sharing your Content through the Website with other user members of the Chainy community ("Members") and interacting on line with other Members, you are entering into a contractual agreement with Chainy which is governed by these Terms. You represent that you are at least 13 years of age. You agree that the agreement you make with us on these Terms is supported by good and valuable consideration, the receipt and sufficiency of which you accept. These terms may change from time to time and you should refer to the website as often as you can so that you become aware of any revisions and updates we make to these Terms from time to time. If you do not agree to be bound contractually by these Terms to Chainy, please do not access or make use of the Website.

Information about Chainy: We are obliged to give you full details of our company to enable you to contact us at any time. We are Chainy LTD and our registered office is at Munro House, Portsmouth Road, Cobham, Surrey KT11 1PP. Our registered number as a company incorporated in England and Wales is 08834650. You may contact us by email or post at info@chainy.com or to Munro House, Portsmouth Road, Cobham, Surrey KT11 1PP.

The following Terms apply:

1. Website access and use

1.1. Access to the Website is provided for your information for personal use only. We expressly allow you to upload video and photographic materials and other Content that may be of commercial interest to other Members to enable you to demonstrate and offer your skills and services commercially.

1.2. We may add to, subtract from or otherwise amend any feature or function of the Website at our option from time to time without any liability to you. They currently include the provision of a platform to enable you to upload Content that demonstrates your skills and abilities and the services you may offer personally to other Members or third parties. The functionality of the Website enables you to connect, collaborate and exchange messages with other Members. We may contact you directly from time to time to let you know of any new features of the Website or give you news of the Chainy community that might be of interest to you.

1.3. When you use the Website, you agree to comply with all relevant laws and regulations including without limitation copyright law. Except as may be specifically permitted in these Terms, you may not use, reproduce, distribute, display, publish, transmit or otherwise exploit any part of the Website for any purpose without first obtaining express prior written consent from Chainy.

1.4. You may download and print pages from the Website for your use in accordance with these Terms. In downloading any Website material you acknowledge that you do not acquire any ownership rights in that material.

1.5. In order to enable you to upload Content and exchange messages with other members through the Website, you must be registered as a Member. You must provide us with true, accurate and complete registration information. You are responsible for safeguarding and maintaining the confidentiality of your password and any other registration information we provide to you. You must notify us immediately at info@chainy.com if you become aware of any breach of security or unauthorized use of your password or other identifying references.

1.6. Full information on any changes to any Website features and functions made available to you will be provided on the Website or via email from time to time. All the changes we make will however be effective as soon as they appear.

1.7. We are under no obligation to you or to any Member to provide the Website in its present form, in any form, or at all.

1.8. We have no obligation to you to store, maintain or provide you with a copy or any extract or make any summary of any Content you provide.

2. Your Obligations

2.1. You assure Chainy that you are at least 13 years of age and that you are able to enter into an agreement on these Terms.

2.2. In addition to your agreement in accordance with Term 1.3, you agree to comply with these Terms and any notices we send you or which are placed on the Website in relation to its use and to the Content you upload.

2.3. You are solely responsible for your Content and your interaction and dealings with other Members whether on line or offline and for maintaining your account with Chainy.

2.4. You must use your real name on the Website and in connection with the Content you upload.

2.5. You accept and acknowledge that Chainy has no responsibility or liability for any Content you upload. Although we have no obligation to do so, we reserve the right and discretion to remove, edit, block or monitor any Content at any time and for any reason. Chainy has no obligation to become involved in, or mediate, disputes between Members.

2.6. Your Content must not include unlawful, defamatory, abusive, obscene, pornographic, lewd, discriminatory, threatening, profane, hateful, bigoted, racist or abusive material, any material that is objectionable otherwise or material that abuses or exploits children.

2.7. Your Content may not contain material that incorporates information that you do not have the right to disclose or make available under any law or any contractual, fiduciary or employment relationship or under a disclosure agreement.

2.8. You must not upload Content that infringes any intellectual property rights of any third party inclusive of, but not limited to, copyright, trade marks, design right, patents or know-how (“Intellectual Property Rights”).

2.9. You must not circumvent or attempt to circumvent any content filtering techniques we use or attempt to to access parts of the Website that you do not have our authority to access, or use any automatic device such as a robot or spider or manual process to copy or scrape the Website or any Content within it.

2.10. Your Content must not include any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid selling schemes or other forms of solicitation or contain any software viruses, worms, spyware, Trojan Horses or any other malware, computer code, files or programs that would interrupt, destroy or inhibit or compromise the functionality of any computer software or hardware or telecommunications equipment belonging to Chainy or to any other Members. You are not permitted to inject software content or code into any software of Chainy or into that of any other Members.

2.11. You must not upload any Content to indicate, suggest or imply that you have any special relationship with Chainy or that we have endorsed you or any products or services that you may provide without our express written consent to do so.

2.12. You may request withdrawal of your Content and/or deactivation of your account at any time.

2.13. You must not sell, transfer, licence or assign your account, user name, password or any account rights nor may you create an account for anyone other than yourself or create any false profile or identity or multiple profiles for yourself.

2.14. You must not solicit, collect or use the login credentials of any other Member or use another Member’s account without their permission or transfer your account to any third party.

2.15. You are responsible for keeping your password secret and secure.

2.16. All the information you provide to Chainy upon registration of your account and at all other times, will be true, accurate, current and complete and you agree to update your information as necessary to maintain its accuracy.

2.17. You must not stalk, bully, intimidate, abuse, harass, threaten, impersonate or intimidate people or post private or confidential information such as, without limitation, any person’s credit card information, NHS numbers, social security details, passport numbers, other national identity numbers, employer references, non-public telephone numbers or non public email addresses, or otherwise violate the publicity or privacy rights or the rights under the Data Protection Act 1998 or other data protection legislation, of any other person.

2.18. You must not attempt to prevent or inhibit another Member from using the Website or exercising their rights as Members and you must not encourage any violations of any agreements made between other Members and Chainy.

3. Breach, deactivation and termination

3.1. If you are in breach of these Terms or create any risk or possible legal exposure for Chainy or cause damage to the reputation or goodwill of Chainy, we may deactivate your account at our sole discretion. We are also entitled to remove, edit, block, monitor or take down any Content you upload at any time and for any reason but we are not obliged to do so. We may also prevent your access to the Website without giving you a reason or make you change your user name or password but, where it is reasonably possible, we shall try to give you prior notice before we do so.

3.2. If your account is deactivated for any reason, your Content will no longer be accessible by you or by any other Member unless it has already been reshared or cached by other websites such as Google.

3.3. If our agreement with you on these Terms comes to an end or if you deactivate your Chainy account, all licences and other rights granted to you are terminated.

3.4. You can deactivate your account by logging in and selecting this option in your account settings. If you do so, please note that your personal data will be deleted from our servers within a reasonable time.

3.5. All of the Terms as incorporated in our agreement with you survive the termination of such agreement except for our qualified obligation to provide the Website and its features and functions to you and reciprocal licences granted under Terms 4.3 and 4.4 below.

4. Intellectual Property Rights

4.1. The Website, and its included Chainy content such as text, illustrations, images, software, graphics, photographs, sound, music, film, URLs, technology, documentation and interactive features incorporates copyright and other Intellectual Property Rights of Chainy and its licensors. The Website in terms of how it appears to you online and the underlying code is protected by Intellectual Property Rights including but not limited to copyright, database right and design right all vesting in Chainy or its licensors.

4.2. Except for the limited licence granted to you as set out in the next paragraph, Chainy reserves all of its Intellectual Property Rights in the foregoing and in CHAINY™ which is a trade mark of Chainy. You do not receive any right or any licence with respect to such trade mark or any other trade mark of Chainy.

4.3. We grant you a limited, non-exclusive, non-assignable, non-sub-licensable, royalty free, worldwide licence for as long as you are registered to use the Website under Chainy’s Intellectual Property Rights to access the Website and upload Content to the Website and use the Member invite function to interact with other Members. This licence is revocable at any time.

4.4. You retain your ownership and title to all Intellectual Property Rights in your own Content, subject to the Intellectual Property Rights that may vest in third parties in relation to any materials that may be embedded in your Content (“Third Party Material”).

4.5. You grant to us a non-exclusive, sub-licensable, royalty free, irrevocable, worldwide licence under your Intellectual Property Rights (and a sublicense on the same terms under the Intellectual Property Rights in the Third Party Material) to hold, process and make available your Content to other Members and use your Content as we reasonably determine to promote, publicise and market Chainy and the benefits of joining the Chainy community on the Website and elsewhere, subject to Term 8 below. For the avoidance of doubt, Chainy does not claim physical ownership of any of your Content or title to any of your Intellectual Property Rights.

4.6. You represent and warrant that you own the Content uploaded or otherwise have the right to grant the licence you give to Chainy and the sublicense of the Third Party Material and further that the use of your Content and its appearance on the Website does not violate, misappropriate or infringe the rights of any third party including, without limitation, privacy rights, publicity rights, copyright, trade mark or other intellectual property rights and you agree to pay all royalties, fees, costs, expenses and other monies owed by reason of Content you upload.

4.7. If you believe any of your Content has been copied unlawfully, you agree to inform us giving full particulars of the infringement in which event and providing we are satisfied that you have good grounds for making the allegations, we shall remove the copied Content pending the resolution of the dispute between you and the infringer.

4.8. You are welcome to provide us with suggestions that might improve or enhance the Website, or other tips, ideas or information but any such provisions (which we do not solicit) are non-confidential. Chainy is entitled to use them without restriction for any purpose without acknowledgement, recognition or compensation in your favour. You do not assert any Intellectual Property Rights in such provisions, (but if you do and they are provided to Chainy, you assign all such Intellectual Property Rights to us with full title guarantee) and waive all moral rights in them that may exist under Chapter IV of the Copyright, Designs and Patents Act 1988. If you do not wish to relinquish your rights to Chainy in any suggestions or materials or you wish to be paid or assert your own Intellectual Property Rights in them, please do not provide any such suggestions to us.

5. Disclaimers

5.1. The Website, including without limitation, all materials belonging to Chainy is provided on an “AS IS” and an “AS AVAILABLE” basis to the fullest extent permissible by law and neither Chainy nor any of its directors, employees, agents or companies within its group of companies being subsidiaries or holding companies of Chainy and any subsidiary of such as holding company (all of the foregoing being called “Chainy Affiliates”) make any representations or warranties or endorsements of any kind whatsoever express or implied as to as to the Website or any content or materials or security associated with the transmission of information to Chainy.

5.2. Whether or not you upload Content to the Website in connection with seeking paid employment or consultancy, you acknowledge that Chainy is not a recruitment consultancy or a part of any recruitment agency.

5.3. Chainy hereby disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for any purpose or generally, non-infringement of third party intellectual property rights, title, quiet enjoyment and freedom from computer viruses and the like. Chainy further disclaims all warranties and responsibilities, whether express or implied, relating to links from the Website to third party websites which we do not control, sponsor, maintain or endorse.

5.4. Chainy does not represent or warrant that the Website will be error free or uninterrupted or that defects will be corrected or that the Website or the server that makes the Website available free from any harmful components, including without limitation, viruses. Chainy does not make any representation or warranty that the information on the Website is accurate, complete, fit for your purposes or useful. You use the Website at your sole risk.

5.5. We have no control or influence over private communications and other dealings between Members through the Website, we exercise no supervision or checking in this respect nor is Chainy responsible for the conduct (whether online or offline) of any Member. We are not liable for any claim, injury or damage arising in connection with your interactions with other Members or third parties, whether or not facilitated through the Website, inclusive of but not limited to any misrepresentation, fraudulent conduct or breach of contract that may occur between you and any other Member or other third party.

5.6. Chainy does not represent or warrant that it endorses any Content or any other material that has been posted by any Member, or that it believes such material to be accurate, legal or non-harmful.

5.7. Chainy does not warrant that your use of the Website is lawful in any particular jurisdiction. By accessing or using the Website, you represent and warrant that your activities are lawful in every jurisdiction where you access the use of the Website.

6. Limitation of Liability

6.1. Under no circumstances will Chainy be liable to you for any loss or damage of any kind (including, without limitation for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to the Website or your use of or inability to use the Website or any action taken in connection with the investigation by Chainy or by any law or government enforcement authority regarding your use of the Website or any action taken by or in connection with any third party intellectual property rights owners or any omission in the provision or availability of the Website or operations of Chainy or any damage to your computer, mobile device or other equipment or technology including damage from viruses or technical malfunctions, even if foreseeable or even if Chainy has been advised or should have known that the possibility of such damage. Chainy shall not be liable in connection with any loss or damage resulting from any dealings you may have with any third party that is introduced or facilitated through your use of the Website.

6.2. In no event will Chainy’s total liability to you for any damages, losses or causes of action exceed £100 sterling.

6.3. You agree in the event that you incur any damages, losses or injuries that arise out of Chainy’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle to an injunction preventing any exploitation of the Website or any other service or product or technology of Chainy and you have no right to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of the Website or any product or other service controlled by Chainy.

7. Indemnity

7.1. You agree to defend at Chainy’s request and indemnify and hold Chainy and all Chainy Affiliates harmless from and against all claims, liabilities, damages, losses and expenses including without limitation, reasonable legal fees and costs, arising out of or in any way connected with your Content (inclusive of all third party materials embedded within it) and any access to or use of the Website by you, and of your dealings with third parties introduced or facilitated by means of the Website, your breach or alleged breach of your agreement with Chainy on these Terms and any violation of any third party rights including, without limitation, any intellectual property rights, right of publicity, confidentiality, property or privacy right your violation of any laws, rules, regulations, codes, guidelines, ordnances or orders of any governmental or regulatory authority or any misrepresentation made by you. You will co-operate as fully required by Chainy in the defence of any claim. Chainy reserves the right to pursue the exclusive defence and control of any matter subject to this indemnity and you will not in any event settle any claim without the prior written consent of Chainy.

8. Privacy

8.1. For further information, please see our Privacy Policy. All information you supply about yourself and others is subject to our Privacy Policy.

9. No Waiver

9.1. Any failure by Chainy to act with respect to any breach of our agreement by you does not waive our right to act in respect of that breach or subsequent similar or other breaches.

9.2. Except as expressly and specifically contemplated by these Terms, no representations, statements, consents, waivers, or other acts or omissions by any Member shall be deemed legally binding on the Chainy Affiliate unless documented in writing and signed by an authorised signatory of Chainy or the Chainy Affiliate.

10. Governing law

10.1. These Terms are governed by and construed in accordance with the law of England and Wales.

10.2. You agree that any claims or disputes arising under or in connection with these Terms and the agreement between us that incorporates them must be resolved in the courts of England and Wales.

11. Severance

11.1. If any of these Terms are found by a court of competent jurisdiction or other legal or regulatory authority to be invalid or otherwise unenforceable, Chainy and you agree that such invalid or unenforceable Terms will be deemed severed from the remainder of these Terms and will not affect the validity of the remaining Terms of our agreement which shall remain in full force and effect.

12. Entire agreement

12.1. The Terms and our agreement incorporating them constitute the entire agreement between yourself and Chainy and governs your use of the Website and the features and functions it provides. Any prior agreements or understandings made between you and Chainy are hereby superseded.

13. No transfer

13.1. You may not assign, transfer, novate, sub-contract or otherwise dispose of your rights or obligations created by our agreement with you on these Terms, in whole or in part, without the prior written consent of Chainy, but Chainy may assign all or any part of such agreement to any third party without your consent.

Chainy LTD. Version 1.5, 25 June 2014.
© 2014 Chainy LTD