Terms of use

1 Introduction

1.1 These Terms and Conditions of Use set out the rights and obligations of users of the websites www.getsafeonline.org and www.getsafeonlineblog.org (“the Websites”) which are owned and operated by Endurance (Internet Security Awareness) Limited (“Endurance”), a company registered in England under registration number 504877 whose registered office is at The Old Doctors House,  74 Grange Road, Dudley, West Midlands, DY1 2AW. In consideration of Endurance providing access to the Websites all use of the same by anyone accessing the Websites is subject to these Terms and Conditions of Use and all people accessing the Websites are deemed to understand and accept these Terms and Conditions of Use without limitation or qualification. If any person accessing the Websites does not accept these Terms and Conditions of Use, they should immediately desist from using the Websites.

1.2 Endurance reserves the right to vary these Terms and Conditions of Use from time to time. Such variations will take effect immediately upon the posting of the varied Terms and Conditions of Use upon the Websites. In continuing to use the Websites, any person accessing the Websites is deemed to accept such variations.

1.3 Endurance reserves the right to withdraw or modify any aspect of the Websites for whatever reason, whether legal, technical or otherwise.

2 Information, Accuracy and Availability

2.1 Whilst Endurance makes every effort to present accurate and reliable material and information on the Websites, it does not endorse, approve or certify any material and information on the Websites as true or accurate, nor does it guarantee the completeness, efficacy or timeliness of such material and information. Reference to any product, process or service does not constitute nor imply endorsement or recommendation from Endurance unless expressly stated. Accordingly, Endurance does not accept any liability arising from any inaccuracy or omission in the information provided or in relation to any such product, process or service.

2.2 Furthermore, Endurance makes no representations or warranties about the suitability of the information contained in the Websites for any purpose. Endurance hereby disclaims all warranties and conditions with regard to this information, including, to the extent enforceable, all warranties and conditions whether express, implied or statutory, of satisfactory quality, fitness for a particular purpose and non-infringement of third party rights.

2.3 Any persons accessing the Websites do so entirely at their own risk.

3 Links to Other Websites

3.1 At certain places on the Websites, hypertext links are provided to enable any person accessing the Websites to directly access other third party websites. These third party websites contain material or information created, published and maintained by organisations independent of Endurance. Endurance does not endorse, approve, certify or control these external sites, nor any product or service referred to on them and does not guarantee the accuracy, completeness, efficacy, or timeliness of any material and information appearing on such websites.

3.2 Endurance assumes no responsibility for any consequences resulting from the use of any material and information contained on the Websites or on any linked third party websites and expressly disclaims all liability for damage arising out of the use, reference to, reliance upon or performance due to such information.

4 Representations and Warranties

4.1 Persons accessing the Websites will not seek to amend anything on the Websites or include or create any link to the Websites without Endurance’s express written consent.

4.2 Persons accessing the Websites will not remove or change any copyright, trademark or other intellectual property notices contained on any material copied or printed off the Websites, or use such materials for a purpose not envisaged by these Terms and Conditions of Use.

4.3 Persons accessing the Websites must not seek to introduce any computer virus (including any variant or similar code or instructions) to the Websites, nor deliberately seek to prevent or hinder the Websites’ usual operations in any manner whatsoever.

4.4 Persons accessing the Websites will indemnify and hold harmless Endurance against all and any loss, damage or expense howsoever incurred by Endurance arising from any non observance by such person of any of these Terms and Conditions of Use. In addition and without prejudice to any other remedy that may be available to Endurance hereunder, in the event that any person accessing the Websites breaches any of these Terms and Conditions of Use they will as soon as practicable and at their own cost remedy any such breach.

5 Alerting Endurance

If persons accessing the Websites see anything on the Websites which appears to infringe these Terms and Conditions of Use, please contact Endurance either in writing at Endurance (Internet Security Awareness) Limited, Suite 74, 95 Wilton Road, London SW1V 1BZ or by emailing Endurance at info@getsafeonline.org. It is expressly agreed that Endurance reserves the right at its sole discretion and at any time without notice to exclude any person from accessing the Websites including in circumstances where Endurance anticipates that any persons accessing the Websites will act other than in accordance with these Terms and Conditions of Use or establishes that such persons are acting or have acted other than in accordance with these Terms and Conditions of Use.

6 Intellectual Property & Use of the Websites

6.1 All patents, registered designs, registered trade marks and any applications for such registered rights, copyright, database rights, unregistered design rights, unregistered trade marks, trade or business names (including internet domain names) and all other rights of a similar nature or having equivalent or similar effect to any of the foregoing as in each case may exist in and relating to Endurance and the Websites anywhere in the world are owned by Endurance or third parties and will remain vested in them.

6.2 Persons accessing the Websites may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use the Websites’ content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any the Websites’ content except for your own personal, non-commercial use. Any other use of the Websites’ content requires the prior written permission of Endurance.

6.3 Persons accessing the Websites agree to use the Websites only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Websites. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Websites.

6.4 Endurance neither warrants nor represents that any person’s use of the material displayed on the Websites will not infringe rights of third parties.

7 Limitation of liability

7.1 Endurance will not be liable to persons accessing the Websites or any third party for any direct, indirect or consequential loss or damage howsoever caused (whether arising out of any negligence or breach of these Terms and Conditions of Use or otherwise).

7.2 Endurance will not be liable for any failure to perform its obligations under these Terms and Conditions of Use caused by matters beyond its control, howsoever arising.

8 Non-excluded Liabilities

Nothing in these Terms and Conditions of Use limit Endurance’s liability for death or personal injury resulting from Endurance’s negligence, or any other liability which may not be lawfully excluded.

9 Assignment

Endurance reserves the right to assign these Terms and Conditions of Use and to assign or subcontract all or any of their rights and obligations under these Terms and Conditions of Use. Persons accessing the Websites may not without the written consent of Endurance assign these Terms and Conditions of Use.

10 Contributions

10.1 Where you are invited to submit any contribution to the Websites you agree, by submitting your contribution, to grant Endurance a perpetual, royalty-free, non-exclusive, sub-licenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in our Privacy Policy set in paragraph 15 hereof. If you do not want to grant to Endurance the rights set out above, please do not submit your contribution to the Websites.

10.2 Further to paragraph 10.1, by submitting your contribution to either of the Websites, you warrant that your contribution:

  • is your own original work and that you have the right to make it available to Endurance for all the purposes specified above;
  • is not defamatory;
  • does not infringe any law;and
  • does not violate, plagiarise, or infringe the rights of third parties including copyright, trade mark, trade secrets, right of confidentiality, privacy, publicity, personal or proprietary rights.

and you indemnify Endurance against all legal fees, damages and other expenses that may be incurred by Endurance as a result of your breach of the above warranties, and waive any moral rights in your contribution for the purposes of its submission to and publication on the Websites and for the purposes specified above.

10.3 Endurance reserves the right to remove from and block contributions to the Websites which

  • are likely to disrupt, provoke, attack or offend others
  • are racist, sexist, homophobic, sexually explicit, abusive or otherwise objectionablecontain swear words or other language likely to offend
  • break the law or condone or encourage unlawful activity (this includes breach of copyright or right of confidentiality, defamation and contempt of court).
  • advertise products or services for profit or gain
  • are seen to impersonate someone else
  • include contact details such as phone numbers, postal or email addresses
  • are written in anything other than English
  • contain links to other websites
  • describe or encourage activities which could endanger the safety or well-being of others
  • are considered to be ‘spam’, that is posts containing the same, or similar, message posted multiple times

10.4 If you breach these Terms of Use or otherwise engage in any disruptive behaviour on the Websites, Endurance may use whatever information that is available to it about you to stop any further such infringements. This may include informing relevant third parties such as your employer or email provider about the infringement/s. Endurance reserves the right to delete any contribution, or take action against any account, at any time, for any reason.

11 Entire Agreement

These Terms and Conditions of Use represent the whole agreement between persons accessing the Websites and Endurance concerning the Websites and they replace all earlier agreements and understandings between such persons and Endurance. Any person who is not a party to any agreement formed under these Terms and Conditions of Use has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any terms of these Terms and Conditions of Use.

12 Severability

In the event that any term of these Terms and Conditions of Use is held to be invalid or unenforceable by a court of appropriate jurisdiction, the remaining Terms and Conditions of Use shall remain valid and enforceable.

13 Law

These Terms and Conditions of Use shall be governed and construed in accordance with the law of England and Wales.

14 Language

In the event of any conflict or inconsistency between the terms of the English version of these Terms and Conditions of Use and any translation, whether provided by Endurance or otherwise, the English version of the Terms of Conditions of Use shall prevail.

15 Privacy Policy

This policy sets out what personal information we gather about you when you visit the Websites, how we may use that information and who we may share it with.

By providing information about yourself and your company in our ‘Sponsor Get Safe Online’ form on this website, you agree that we may use your information in order to

  • contact you about becoming a sponsor of Get Safe Online;
  • invite you to enter into competitions;
  • invite you to sign up for newsletters and other materials.

Cookie Statement

What is a cookie?

A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer’s hard disk so that the website can remember who you are. The information stored within that cookie can identify the computer, the pages that are visited and the duration of that visit. Cookies can only be read by the web server from which they were originally deployed, and they do not allow access to the rest of your computer or any other personal information about you. A cookie will typically contain the name of the domain from which the cookie has come, the “lifetime” of the cookie, and a value, usually a randomly generated unique number.

Does this website use cookies?

Cookiesare used in the following way on this website:

  • To help us recognise you as a unique visitor (just a number) when you return to this website.
  • To compile anonymous, aggregated statistics that allow us to understand how users use this website and to help us improve the structure of our website. We cannot identify you personally in this way.

Two types of cookies may be used on this website:

1. Session cookies: These are temporary cookies that remain in the cookie file of your browser until you leave this website. They are used to recognise your PC as you move from page to page. Such cookiescan also help maintain session integrity and security; and

2. Persistent cookie: This type of cookie remains in the cookie file of your browser for longer than a session cookieand is used to identify repeat visitors, so that you do not need to remember data previously entered onto our website. We keep these cookies for 24 months from the date you first log onto our website.

Disabling/Enabling Cookies

If you are unsure about cookies, you have the option to refuse to accept them, or to decline them by modifying the settings in your browser. To find out how to disable/enable cookies, please click on this link:

http://www.allaboutcookies.org/manage-cookies

16 Downloading: Standard Licence Terms

By downloading an RSS Feed (“Get Safe Online Feed”) or by downloading any information, materials or logos from Endurance, you agree to be bound by the terms set out below (the “Standard Licence”). This Standard Licence may be updated by Endurance from time to time and such updated Standard Licence terms shall take effect from the date of the update. Please review the terms of this Standard Licence each time you download a Get Safe Online Feed or any information, materials or logos from the Websites.

Your download and/or use of a Get Safe Online Feed indicates your agreement to this Standard Licence.

16.1 Licence

16.1.1 Subject to this Standard Licence, Endurance grants you a non-transferable, non-sublicensable, royalty free non-exclusive licence to display on your website (“Site”) any information, materials or logos that you download or specifically select to receive from Endurance via the Get Safe Online Feed (“Get Safe Online Content”).

16.1.2 All title, ownership rights and intellectual property rights in and to the Get Safe Online Feed shall remain the property of Endurance.

16.1.3 The Intellectual Property Clause (paragraph 6 above) shall apply to this Standard Licence.

16.2 Use of Get Safe Online content

16.2.1 You may not use the Get Safe Online Feed or display any Get Safe Online Content on any Site that is a website that is excluded by Endurance (scroll down for the list of Excluded Websites, as may be amended by Endurance from time to time).

16.2.2 You may not directly or indirectly charge users specifically for accessing Get Safe Online Content or otherwise commercialise such content, or attempt to re-sell the Get Safe Online Content in any way.

16.2.3 You may not directly suggest any endorsement or approval by Endurance of your Site or any non-Endurance entity, product or content or any views expressed within your Site or service.

16.2.4 You may not directly or indirectly change, edit, add to or produce summaries of the Get Safe Online Content or any content on the Websites.

16.2.5 Should you receive any enquiries which relate to Endurance or the Get Safe Online Content you should promptly refer such enquiries to press@getsafeonline.org.

16.3. Warranties and liability

16.3.1 You warrant to Endurance that:

16.3.1.1 you have fully complied with, and shall continue to comply fully with, all applicable laws and regulations;

16.3.1.2 the Site shall contain no material which is libellous, defamatory, pornographic, obscene or which brings Endurance into disrepute, or which is in breach of any third party intellectual property rights; and

16.3.1.3 users of the Site shall be required to comply with terms that are equivalent to the terms of the Standard Licence in relation to their use of Get Safe Online Content.

16.3.2 The Get Safe Online Feed is made available by Endurance on an “as is” and “as available” basis and Endurance gives no warranty of any kind in relation to the Get Safe Online Feed, the Get Safe Online Content, or any content on the Websites. Endurance disclaims all implied warranties, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility and accuracy regarding the Get Safe Online Content, the Get Safe Online Feed and the Websites and any content thereon.

16.3.3 To the maximum extent permitted by law, Endurance excludes all liability to you for any loss or damage howsoever arising out of or in connection with this Standard Licence, including but not limited to any liability arising in relation to the Get Safe Online Feed, the Get Safe Online Content or any content on the Websites, any virus or other contamination or any unavailability of Get Safe Online Content.

16.3.4 Each provision of this clause 16.3 operates separately in itself and survives independently of the others.

16.4. Indemnity

You hereby agree to indemnify, hold harmless and defend Endurance in respect of all damages, costs and expenses, including reasonable legal fees and litigation expenses, arising out of or as a result of any breach of this Standard Licence or otherwise in connection with your use of the Get Safe Online Feed (including the Get Safe Online Content).

16.5. Termination

16.5.1 You may terminate this Standard Licence at any time by destroying or removing all copies of the Get Safe Online Feed (including the Get Safe Online Content) from your Site, all hard drives, networks and other storage media.

16.5.2 Endurance may restrict, suspend or terminate the Get Safe Online Feed, this Standard Licence or your access to the Get Safe Online Feed at any time without liability. You agree to destroy all copies of the Get Safe Online Feed (including the Get Safe Online Content) upon receiving notice of termination from Endurance. Notwithstanding the above, Endurance shall retain the right to automatically disable or terminate the Get Safe Online Feed (including the Get Safe Online Content).

16.5.3 Clause 16.3, 16.4 and 16.6 shall survive termination of this Standard Licence.

16.6. General

16.6.1 Neither party may assign, charge, sublicense or otherwise deal with its rights or obligations in this Standard Licence in whole or in part to any third party.

16.6.2 This Standard Licence supersedes all prior agreements, arrangements and understandings between the parties concerning its subject matter. Each of the parties acknowledges that it has not relied on any statement made by the other in the course of entering into this Standard Licence.

16.6.3 Any failure or delay by either party in exercising its rights under any provisions of this Standard Licence shall not be construed as a waiver of those rights at any time now or in the future.

16.6.4 This Standard Licence shall be governed by, construed and take effect in accordance with English law and the English courts shall have exclusive jurisdiction to settle any claim or dispute which may arise out of or in connection with this Standard Licence.

16.7. Excluded websites

The Get Safe Online RSS Feeds and any Get Safe Online Content contained in the Get Safe Online RSS Feeds may only be displayed on websites that do not fall into any one or more of the categories listed below. A Site will be deemed to fall within one of the following categories where there is any section of the Site that falls within such category:

16.7.1 sites that incite hatred, whether based on race, religion, gender, sexuality or otherwise or promote or encourage or facilitate anti-social behaviour;

16.7.2 sites that promote, encourage or facilitate violence;

16.7.3 sites that promote, encourage or facilitate terrorism or other activities that risk UK national security;

16.7.4 sites that discriminate against any specific social group or otherwise exploit vulnerable sections of society;

16.7.5 sites that promote, facilitate or encourage illegal activity;

16.7.6 sites which are misleading, pornographic, defamatory, or that contain illegal, or otherwise actionable content under UK law; or

16.7.7 sites that link to other sites deemed to fall within clauses 16.7.1 – 16.7.6 above.

16.8 Accreditation

Any Get Safe Online Feed or Get Safe Online Content on your Site must incorporate an attribution (credit) to Endurance in the following form:

“From www.getsafeonline.org / www.getsafeonlineblog.org” (delete as applicable)