Terms and ConditionsGIMBAL GUIDE
Terms and Conditions
Last updated 3rd March 2018
1. Our Website (referred to in this document as "website")
Your use of this website (GimbalGuide.com) and any service contained within constitutes acceptance by you of these Terms & Conditions.
You must be a minimum age of 18 to use this website. By using this website you warrant that you are 18 or older and understand your obligations under these Terms & Conditions.
3.1 As part of the registration process you can create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach.
3.2 If for any reason you suspect that your username & password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username & password or other details.
4. Specific Website Rules
4.1 As a user you agree not to do any of the following:
1. Abuse, harass, threaten, stalk, defame or in anyway seek to violate the rights of another user or third party.
2. Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable.
3. Use or harvest data provided by other users in a way that they would object to.
4. Use data provided by other users for purposes other than contacting them via the website.
5. Contact other users in ways they may find inappropriate.
6. Encourage illegal activity or activity that violates the rights of other website users or third parties, whether individuals or organisations.
7. Supply or post Content calculated to deliberately mislead other users or third parties, including Content falsely made to appear from or be endorsed by us.
8. To pose as another user, third party or organisation or [Insert Organisation name] employee for the purposes of obtaining user or third party information.
9. To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
10. Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by us and other users.
11. Reframe or repurpose the website or any Content on it or remove or obscure any notices or advertising provided by us on the website.
12. Load or provide access to Content on the website or link to other content from the website, which infringes the trademark, patent, trade secret or any other proprietary right of a third party or infringes any intellectual property law.
13. Make commercial posts or comment spam or attempt to disguise such spam as Content.
14. Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.
15. Use any robot, spider, scraper or other technical means to access the website or Content on the website.
4.2 If you breach these Terms & Conditions by sending any unsolicited bulk email, (spam) or any other bulk communications to users your actions will cause harm to us and to the website. Such harm is difficult to quantify and as such you agree to pay us the sum of £50 for each and every individual email or other communication sent to a user or third party.
4.3 The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) Content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of the rules or the spirit of the rules.
5. Content Ownership
5.1 As a user you retain all ownership rights to Content provided by you.
5.2 By submitting, posting or displaying your Content on the website you agree to grant a non-exclusive royalty-free licence to us to use, modify, publicly perform, publicly display, reproduce and distribute such Content on the website. This allows us to place your Content on the website and let all users, whether registered or not to view your Content. It also allows us to compress or alter the size of any files you may post onto the website to ensure that they can be readily displayed for other users.
5.3 This licence is also royalty-free, which means that the Content is provided free of charge to us and we will not pay for the Content or account for any advertising revenue generated on the website or on any specific Content pages.
5.4 This licence also applies worldwide because the Website can be accessed from anywhere in the world, at any time.
5.5 Also as part of the licence you warrant that any Content provided by you does not belong to a third party whose rights have been violated by the Content being posted on to the website. Furthermore if any Content is owned by a third party you agree to pay all royalties owed to that party, without seeking any contribution from us.
6. Copyrighted Material
6.1 We do not condone or encourage in any way the posting of copyrighted or proprietary Content or information by any users who are not the legal owners of such Content.
6.2 Where notified of such breaches by the owner of such Content we will remove the Content from the website as soon as practicable. But only where we can reasonably ascertain the true owner of such Content.
6.3 If as the owner of such Content you believe that your rights have been infringed you should contact us as soon as possible and provide all relevant information in writing.
7. Content Monitoring
Users can freely add Content to the Website. We do not monitor or assume any responsibility for Content posted to the Website. If at any time we decide to monitor the website on any occasion it does not mean that we assume responsibility for removing any Content or the conduct of any users.
8.1 We may terminate your user account and all Content and materials associated with it at any time where these Terms & Conditions have been breached. Such termination can be with or without notice.
8.2 Various clauses within these Terms & Conditions are designed to survive and continue after termination, including (but not limited to) clauses 5 and 12.
We take all reasonable steps to ensure that the Website is available and functioning fully at all times. However, we do not accept any responsibility for "down-time" or poor performance of our fileservers or where the website is unavailable for any other reason, whether within or outside our direct control.
10.1 We are not responsible for the accuracy of any Content on the Website, nor any advertisements placed on the website.
10.2 We are not responsible for any links to third party websites from the Website and the inclusion of any link does not imply an endorsement of a third party website by us.
11. Limitation of Liability
We shall not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including loss of profit.
You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third party arising from your breach of these Terms & Conditions whilst using the website or any other service provided by us.
The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
Failure by us to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.