1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Sites and Apps; and
“We/Us/Our” means Markd Limited of Unit 1.1 Lafone House, The Leather Market, 11/13 Weston Street, London, England, SE1 3ER.
2. Information About Us
2.1 Our Sites and Apps are owned and operated by Markd Limited of Unit 1.1 Lafone House, The Leather Market, 11/13 Weston Street, London, England, SE1 3ER.
3. Access to Our Sites and Apps
3.1 Access to part of Our Sites and Apps is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Sites and Apps.
3.3 Access to Our Sites and Apps is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Sites and Apps (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Sites and Apps (or any part of it) is unavailable at any time and for any period.
4. Intellectual Property Rights
4.1 All Content included on Our Sites and Apps and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
4.2 Subject to sub-Clauses 4.3 and 4.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Sites and Apps unless given express written permission to do so by Us.
4.3 You may:
4.3.1 Access, view and use Our Sites and Apps in a web browser (including any web browsing capability built into other types of software or app);
4.3.2 Download Our Sites and Apps (or any part of it) for caching;
4.3.3 Print pages from Our Sites and Apps;
4.3.4 Download extracts from pages on Our Sites and Apps; and
4.3.5 Save pages from Our Sites and Apps for later and/or offline viewing.
4.4 Our status as the owner and author of the Content on Our Sites and Apps (or that of identified licensors, as appropriate) must always be acknowledged.
4.5 You may not use any Content saved or downloaded from Our Sites and Apps for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Sites and Apps for general information purposes whether by business users or consumers.
4.6 Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
5. Your Content
5.1 Markd allows you to post content, including images, notes, links and other materials. Anything that you post or otherwise make available on Markd is referred to as "User Content". You are solely responsible for the User Content you post to Markd.
5.2 You grant Markd and our users a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to use, store, display, reproduce, save, modify, create derivative works, perform and distribute your User Content on Markd solely for the purposes of operating, developing, providing and using Markd. Nothing in these Terms restricts other legal rights Markd may have to User Content, for example under other licences. We reserve the right to remove or modify User Content, or change the way it’s used in Markd, for any reason. This includes User Content that we believe violates these Terms, our Community Guidelines or any other policies.
5.3 Following termination or deactivation of your account, or if you remove any User Content from Markd, we may keep your User Content for a reasonable period of time for backup, archive or audit purposes. Markd and its users may retain and continue to use, store, display, reproduce, save, modify, create derivative works, perform and distribute any of your User Content that other users have stored or shared on Markd.
5.4 We value hearing from our users, and are always interested in learning about ways we can make Markd better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Markd doesn’t waive any rights to use similar or related feedback previously known to Markd, or developed by its employees, or obtained from sources other than you.
6. Links to Our Sites and Apps
6.1 You may link to Our Sites and Apps provided that:
6.1.1 You do so in a fair and legal manner;
6.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
6.1.3 You do not use any logos or trade marks displayed on Our Sites and Apps without Our express written permission; and
6.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
6.2 You may link to any page of Our Sites and Apps.
6.3 Framing or embedding of Our Sites and Apps on other websites is not permitted without Our express written permission. Please contact Us at firstname.lastname@example.org for further information.
6.4 You may not link to Our Sites and Apps from any other site the main content of which contains material that:
6.4.1 is sexually explicit;
6.4.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
6.4.3 promotes violence;
6.4.4 promotes or assists in any form of unlawful activity;
6.4.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
6.4.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
6.4.7 is calculated or is otherwise likely to deceive another person;
6.4.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
6.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 6.4);
6.4.10 implies any form of affiliation with Us where none exists;
6.4.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
6.4.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
6.5 The content restrictions in sub-Clause 6.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 6.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
7. Links to Other Sites
Links to other sites may be included on Our Sites and Apps. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Sites and Apps is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
8.1 Nothing on Our Sites and Apps constitutes advice on which you should rely. It is provided for general information purposes only.
8.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Sites and Apps will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
8.3 We make reasonable efforts to ensure that the Content on Our Sites and Apps is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
9. Our Liability
9.1 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Sites and Apps or the use of or reliance upon any Content included on Our Sites and Apps.
9.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Sites and Apps or any Content included on Our Sites and Apps.
9.3 If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
9.4 We exercise all reasonable skill and care to ensure that Our Sites and Apps are free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Sites and Apps (including the downloading of any Content from it) or any other site referred to on Our Sites and Apps.
9.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Sites and Apps resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
9.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
10. Viruses, Malware and Security
10.1 We exercise all reasonable skill and care to ensure that Our Sites and Apps are secure and free from viruses and other malware.
10.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
10.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Sites and Apps.
10.4 You must not attempt to gain unauthorised access to any part of Our Sites and Apps, the servers on which Our Sites and Apps are stored, or any other server, computer, or database connected to Our Sites and Apps.
10.5 You must not attack Our Sites and Apps by means of a denial of service attack, a distributed denial of service attack, or by any other means.
10.6 By breaching the provisions of sub-Clauses 10.3 to 10.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Sites and Apps will cease immediately in the event of such a breach.
11. Acceptable Usage Policy
11.1 You may only use Our Sites and Apps in a manner that is lawful. Specifically:
11.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
11.1.2 you must not use Our Sites and Apps in any way, or for any purpose, that is unlawful or fraudulent;
11.1.3 you must not use Our Sites and Apps to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
11.1.4 you must not use Our Sites and Apps in any way, or for any purpose, that is intended to harm any person or persons in any way.
11.2 We reserve the right to suspend or terminate your access to Our Sites and Apps if you materially breach the provisions of this Clause 11 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
11.2.1 suspend, whether temporarily or permanently, your right to access Our Sites and Apps;
11.2.2 issue you with a written warning;
11.2.3 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
11.2.4 take further legal action against you as appropriate;
11.2.5 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
11.2.6 any other actions which We deem reasonably appropriate (and lawful).
11.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
12. Privacy and Cookies
Use of Our Sites and Apps is also governed by Our Privacy Policies, available from https://markd.ltd/privacy-policy. These policies are incorporated into these Terms and Conditions by this reference.
13. Changes to these Terms and Conditions
13.1 We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Sites and Apps after the changes have been implemented. You are therefore advised to check this page from time to time.
13.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
14. Contacting Us
To contact Us, please email Us at email@example.com.
15. Communications from Us
15.1 If We have your contact details, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
15.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to 30 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
15.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at firstname.lastname@example.org.
16. Data Protection
16.1 Any and all personal information that We may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and Our obligations under that Act.
16.2 We may use your personal information to:
16.2.1 Reply to any communications you send to Us;
16.2.2 Send you important notices, as detailed in Clause 15.
16.3 We will not pass on your personal information to any third parties.
17. Law and Jurisdiction
17.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
17.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces your rights as a consumer to rely on those provisions.
17.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
17.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.