We may from time to time provide interactive features on our site, including, without limitation chat rooms and bulletin boards (“interactive features”).
Any submission of material by you to the interactive features (“contribution(s)”) means that you accept, and agree to abide by, all the terms and conditions of this policy.
Your name may appear as part of any contribution when published. You consent to this by using the interactive features.
Our interactive features are not moderated. We will not be responsible as author, editor or publisher of any contribution and we expressly exclude our liability for any loss or damage arising from the use of the interactive features by any person in contravention of this policy. We reserve the right to promptly remove, or to disable access to, any contribution which we deem to be potentially defamatory of any person, unlawful or in violation of any third party rights.
We are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive features by a user in contravention of our content standards below, whether the service is moderated or not.
We may allow members of a community to moderate the interactive features for their community pages. Any such moderator will be free to choose how and when they moderate the interactive features within their community and may exercise the same rights and powers as us in terms of removing, editing and reporting contributions. We expressly exclude our liability for any loss or damage arising from the acts or omissions of any such moderator because they will not be acting on our behalf.
Where we allow a person to moderate interactive features, that moderator may provide you with a means of contacting them, should a concern or difficulty arise but this depends on the particular moderator.
The use of any of our interactive features by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive feature that it is important that they communicate with their children about their safety online, especially given that any moderation is not foolproof. Minors who are using any interactive feature should be made aware of the potential risks to them and of their obligation to comply with this policy when using interactive features.
1These content standards apply to all contributions.
All contributions must be appropriate for the community pages within which they are posted, having particular regard to the nature of each community and its members.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole. We and any moderator will in our absolute discretion determine whether a contribution is appropriate or breaches these content standards.
Contributions must:
Contributions must not:
By submitting a contribution, you agree to grant us a non-exclusive licence to use that contribution. Although you will still own the copyright in your contribution, we will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your contribution. This licence will be free of charge, perpetual and capable of sub-licence. We may exercise all copyright and publicity rights in the material contained in your contribution in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material.
Please also note that, in accordance with the content standards above, you must ensure that your contribution does not infringe any copyright, database right or trade mark of any other person. By submitting your contribution using the interactive features , you are warranting that you have the right to grant us the non-exclusive copyright licence described above.
If you are not in a position to grant such a licence to us, please do not submit the contribution using the interactive features on our site.
We will determine, in our discretion, whether there has been a breach of this policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this policy constitutes a material breach of our terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
We exclude liability for actions taken in response to breaches of this policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
If you wish to complain about any contribution posted on the interactive features, please contact us at contact@jumblebee.co.uk. We will then review the contribution and decide whether it complies with our content standards above. We will deal with any contribution which, in our opinion, violates our content standards as described above (see section "Breach of this Policy"). We will inform you of the outcome of our review within a reasonable time of receiving your complaint.
We may provide you with a venue within your community to advertise a business, trade or profession, subject to our terms of use.
We are not involved in any resulting transaction between users. We simply provide a venue for people to advertise.
We do not endorse any advertisements on our site nor do we approve them before they are made. We do not guarantee the accuracy of any statement made in an advertisement nor do we assess their suitability for their audience. If you have any concerns about any advertisements please contact us at contact@jumblebee.co.uk.
We may from time to time charge a fee or commission for some parts of the interactive features. Often a portion of this fee or commission will be payable to us and a portion will be paid to your community as a donation to their specified cause. We will state this clearly on any part of the interactive features where this is the case.
We do charge a fee where you use facilities on our site for event / trip management purposes and payments are made via features on our site. Our fee for this will be based on a percentage of the overall event / trip cost or a fixed price. The percentage or fixed price will be notified to you at the time you use such facilities.
Payments for events / trips may be administered by a third party provider such as Paypal. We do not take or hold funds paid by those wishing to participate in a trip or event. Any disputes about funds therefore need to be addressed to the third party provider used to collect those funds.
We may receive information from the third party provider used to collect funds in order for us to calculate our fees. By using our facilities you agree that the third party may provide us with this information and may collect and pay our fees to us.
Our site and the facilities that we provide you with are provided on an ‘as is’ basis without warranty of any kind, except as required by law.
By using our site you acknowledge that our site and facilities have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions provided on our site meet your requirements.
You acknowledge that our site may not be free of bugs or errors, and agree that the existence of errors shall not constitute a breach of our contract with you.
Limitations and Exclusions of Liability
IMPORTANT. PLEASE READ THIS SECTION CAREFULLY. IT SETS OUT THE MAXIMUM LIMIT OF OUR LIBAILITY AND EXCLUDES LIABILITY FOR CERTAIN THINGS. DO NOT ACCEPT THESE TERMS UNLESS YOU HAVE READ AND AGREE TO ALL OF THESE LIMIITATIONS AND EXCLUSIONS.
A. Subject to clause C below, our liability for any losses suffered by you or any third party arising out of or in connection with our contract with you or your use of facilities on our site (including any liability for the acts or omissions of our employees, agents and subcontractors), whether arising in tort (including negligence), misrepresentation or otherwise shall be limited to refunding fees that we have received in the preceding 12 months (less any fees paid to a community) from you in respect of the advertisement or feature that is the subject of your claim and, subject to clause B below, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure. IF YOU HAVE NOT PAID FOR A FEATURE THAT IS THE SUBJECT OF YOUR CLAIM AGAINST US, OUR LIABILITY WILL BE NIL. YOU AGREE TO THIS AND ACCEPT THAT THIS IS FAIR IN CONSIDERATION OF US PROVIDING YOU WITH A FREE FEATURE.
B.Subject to clause C below, we will not be liable for losses that result from our failure to comply with these terms that fall into the following categories even if such losses result from our deliberate breach:
(i)loss of income or revenue;
(ii)loss of business or contracts;
(iii)loss of profits;
(iv)loss of the use of money or anticipated savings;
(v)loss of or damage to or corruption of data or information;
(vi)loss of opportunity, goodwill or reputation;
(vii)waste of management or office time; or
(viii)any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
However, this clause B will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by sub-clauses B(i) to B(viii) inclusive of this clause B.
C.This policy, our Terms of Use and the other terms and policies referred to in our Terms of Use set out the full extent of our obligations and liabilities in respect of us providing you with interactive features. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us except as required by law. Any condition, warranty, representation or other term concerning our providing you with interactive features which might otherwise be implied into, or incorporated in, this policy or our Terms of Use, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
D.Nothing in this policy shall limit or exclude the liability of either party for death or personal injury resulting from negligence, fraud or fraudulent misrepresentation.
The following provisions only apply to those features that you pay for on our site and they only apply to you where you act as a consumer.
As a consumer, you may cancel your contract with us at any time before you begin to make use of a feature provided by us that you have paid for. In this case, you will receive a full refund of the price that you have paid for the feature. We will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the feature in full.
You will no longer have a right to cancel a contract with us and you will not be entitled to a refund once you have begun to make use of a feature provided by us and which you have paid for.
You may cancel a contract by emailing us at contact@jumblebee.co.uk.
We may revise this policy at any time by amending this page. Changes will take effect for existing users 30 days from the time that we first post a change on this page and immediately for all new users except that we may draw some changes to your attention and will only allow you continued use of our site if you agree to accept the changes in which case such changes will take effect immediately upon acceptance.
You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in this policy may also be superseded by provisions or notices published elsewhere on our site.
Version Date: 29 November 2011
